In a significant matrimonial ruling, the Calcutta High Court has dissolved a marriage under the Special Marriage Act, holding that long years of separation, coupled with mental cruelty and desertion, left the relationship beyond repair. The Division Bench allowed the wife’s appeal and overturned an earlier Family Court order that had refused divorce.
Background of the Case
The appeal was filed by Dr. Soma Mandal Debnath, a medical officer, against the dismissal of her divorce suit by the Family Court in Kolkata. She had married Tanmoy Debnath in June 2007 under the Special Marriage Act, 1954.
According to the wife, the marriage began to fracture after she took up government postings at different hospitals across West Bengal. She alleged that despite being the sole earning member, she faced persistent mental harassment, financial exploitation, and eventual abandonment. The couple had been living apart since 2015, after her transfer to Kurseong, with only sporadic visits by the husband.
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The husband denied the allegations, claimed he wished to continue the marriage, and argued that the separation was not deliberate desertion.
Court’s Observations
The Bench, comprising Justice Sabyasachi Bhattacharyya and Justice Supratim Bhattacharya, took a close look at the pleadings and evidence on record.
The judges noted that the wife had made specific allegations of abuse at her workplace, false accusations on her character, and threats, which were met only with vague and evasive denials by the husband. The Court applied the civil law principle of “preponderance of probabilities” and held that such non-specific denials amounted to acceptance under law.
Criticising the trial court’s approach, the Bench observed that the Family Court had refused to allow key witnesses to testify through video conferencing, citing lack of infrastructure, and then faulted the wife for not proving cruelty.
“The trial court could not have drawn an adverse inference after itself denying the opportunity to adduce relevant evidence,” the Bench noted.
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On desertion, the High Court found that occasional visits could not be treated as a shared conjugal life. The husband’s claim of reunion in 2020 was rejected for lack of any documentary or oral proof.
“Mere stray visits, once in a blue moon, cannot be equated with living together as husband and wife,” the Court observed.
Irretrievable Breakdown as Part of Cruelty
A key aspect of the judgment was the Court’s discussion on irretrievable breakdown of marriage. While acknowledging that Indian law does not recognise it as an independent ground for divorce, the Bench relied on Supreme Court precedents to hold that a marriage which has completely collapsed can amount to mental cruelty.
The Court noted that the parties had lived separately for nearly a decade, the wife alone bore the child’s education and household expenses, and there was no real possibility of rebuilding the relationship.
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“A dead marriage cannot be revived merely by refusing a decree of divorce,” the Bench remarked.
Decision
Allowing the appeal, the High Court set aside the Family Court’s judgment and granted a decree of divorce in favour of the wife. The Court held that both cruelty and desertion were clearly established, and that the marriage had irretrievably broken down.
At the same time, keeping the welfare of the minor child in mind, the Bench granted the father monthly visitation rights on specified terms.
There was no order as to costs, and all pending applications were disposed of.
Case Title: Dr. Soma Mandal Debnath vs. Sri Tanmoy Debnath
Case Number: F.A. No. 190 of 2022
