The Calcutta High Court has dismissed a husband’s appeal against a divorce decree granted to his wife on the ground of cruelty, holding that the evidence supported the trial court’s findings. A Division Bench of Justice Madhuresh Prasad and Justice Partha Pratim Roy delivered the judgment on October 14, 2026.
Arup Kumar Sur challenged the judgment dated October 12, 2023, by which the trial court had granted his wife, Anandamoyee Sur, a divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
The couple married on July 14, 2010, and their son was born on July 30, 2011. The wife alleged that her husband demanded money from her parental family, subjected her to physical and mental cruelty, and eventually forced her to leave the matrimonial home with their child. She also claimed that he failed to provide maintenance or support.
The husband denied the allegations, arguing that his wife was unwilling to return to their matrimonial home. He maintained that the evidence did not establish cruelty and that prolonged separation alone could not justify divorce.
The High Court examined the parties’ testimony, pleadings and cross-examination. It noted that the husband did not know his wife’s whereabouts or basic details about their son’s schooling and education. The Bench also observed that he had not challenged the wife’s testimony about being forced to leave the matrimonial home through cross-examination.
Referring to the principle laid down in A.E.G. Carapiet v. A.Y. Derderian, the court emphasised the importance of putting disputed allegations to a witness during cross-examination.
The Bench also relied on the Supreme Court’s decision in Rakesh Raman v. Kavita, reiterating:
“Irretrievable breakdown of a marriage may not be a ground for dissolution of marriage, under the Hindu Marriage Act, but cruelty is. A marriage can be dissolved by a decree of divorce, inter alia, on the ground when the other party ‘has, after the solemnization of the marriage treated the petitioner with cruelty.’”
The court acknowledged that irretrievable breakdown is not an independent ground for divorce under Section 13. However, it found that the evidence of cruelty, combined with the prolonged separation of more than 14 years, supported the decree.
The Bench observed:
“Thus, we are of the firm opinion that that the relationship between the parties has deteriorated to an extent that both cannot stay together.”
Finding no merit in the appeal, the High Court affirmed the trial court’s judgment and decree dated October 12, 2023. It dismissed F.A.T. 423 of 2023 without any order as to costs.
Case Title: Arup Kumar Sur v. Anandamoyee Sur
Case Number: F.A.T. 423 of 2023
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