The Patna High Court recently made a significant observation regarding divorce cases, emphasizing that allegations of cruelty and desertion without specific dates or evidence cannot be the basis for granting a divorce. This ruling underscore the importance of providing concrete evidence and details when making such claims in court.
No Specific Allegations, No Divorce, On 2nd September 2025, a Division Bench of the Patna High Court, comprising Acting Chief Justice P.B. Bajanthri and Justice S.B. Pd. Singh, dismissed Appeal filed by XXX, challenging the dismissal of his divorce petition by the Family Court, Supaul. The High Court upheld the Family Court’s finding that general allegations of cruelty and desertion, unsupported by specific facts or evidence, are insufficient to grant divorce under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955.
“The appellant has no cause of action to sue,” the Court ruled, noting the complete absence of any specific incidents, dates, or corroborative evidence in either the divorce petition or the husband’s testimony.
The appellant-husband alleged that his wife was medically unfit, suffered from reproductive disorders, displayed aggressive behaviour, and deserted him without cause. He further claimed that she exerted financial and emotional pressure by forcing him to part with his share of ancestral property. However, none of these allegations were supported by material evidence, and the Court found that even if assumed to be true, they would not meet the legal threshold of “cruelty”.
Key Points to Consider:
Specificity of Allegations: The court stressed the need for specific allegations with dates and supporting evidence to establish grounds for divorce.
Evidence-Based Claims: Mere accusations without proof are insufficient to substantiate claims of cruelty or desertion.
Legal Precedents: This ruling aligns with previous judgments that highlight the importance of evidence in matrimonial disputes.
Relevant Legal Framework:
Hindu Marriage Act, 1955: Section 13(1)(ia) and 13(1)(ib) outline the grounds for divorce based on cruelty and desertion, respectively.
Importance of Evidence: Courts require substantial evidence to prove cruelty or desertion, ensuring that allegations are not baseless or exaggerated.
Implications:
Matrimonial Disputes: This ruling will likely impact how courts handle divorce cases, emphasizing the need for well-documented evidence.
Future Cases: The judgment sets a precedent for future matrimonial disputes, highlighting the importance of substantiating claims with concrete evidence.
The Patna High Court’s decision serves as a significant reminder that divorce cases require concrete evidence and specific allegations to be substantiated. By emphasizing the importance of well-documented claims, the court’s ruling promotes fairness and clarity in matrimonial disputes, ensuring that justice is served based on facts rather than vague accusations.
