The Chhattisgarh High Court has dismissed a husband’s appeal seeking dissolution of his marriage, holding that allegations that his wife described him as “black complexioned” or “fatty shaped” were not, by themselves, sufficient to establish matrimonial cruelty warranting divorce.
A Division Bench comprising Justice Parth Prateem Sahu and Justice Sachin Singh Rajput delivered the judgment on September 18, 2026. The Bench upheld the Family Court’s decision rejecting the husband’s plea for divorce on the grounds of cruelty and desertion.
Background
Akash Ghosh and Pooja Seet were married on March 7, 2019, according to Hindu rites and rituals. The husband claimed that after marriage, his wife behaved hostilely towards him, threatened to implicate him in false cases and frequently went to her parental home.
He further alleged that she left the matrimonial home and subsequently refused to return despite his efforts. He relied on these circumstances to seek divorce under Section 13 of the Hindu Marriage Act, 1955.
The wife denied the allegations. She alleged that the husband was involved in an illicit relationship with another woman and that he had started consuming alcohol and abusing her. She also stated that she was not properly cared for during her pregnancy and that she had been taken to her parental home when her health deteriorated. Proceedings under the Domestic Violence Act were also initiated and were pending before the Raigarh Court.
The Family Court found that the husband had failed to establish cruelty or desertion and rejected his divorce application. The husband then approached the High Cour
The High Court carefully examined the pleadings and evidence and found that the allegations made by the husband were not supported by sufficient evidence.
The Bench particularly considered his allegation that the wife used to describe him as “black complexioned” and “fatty shaped”. The Court held that these statements, in the circumstances of the case, could not by themselves justify dissolution of the marriage.
“Of course, he has alleged that the respondent/wife used to brand him as being a black complexioned or a fatty shaped but they cannot be taken to be sufficient ground for granting a decree of divorce to him.”
The Court also referred to the Supreme Court’s decision in Samar Ghosh v. Jaya Ghosh, reported in (2007) 4 SCC 511, concerning mental cruelty in matrimonial disputes. It noted that the instances identified by the Supreme Court are illustrative and that the facts of each case have to be examined on the evidence available.
On the allegation of desertion, the High Court found that the husband had also failed to establish that the wife had left the matrimonial relationship without reasonable justification.
The Court noted the wife’s evidence that the husband had not made efforts to take her back. Her mother also stated that after the wife suffered a miscarriage, members of the husband’s family had sent her away with her mother. The Bench consequently found that the required intention to permanently abandon the matrimonial relationship had not been proved against the wife.
The Division Bench concluded that the allegations made by the husband had not been established through cogent and convincing evidence. It found no sufficient basis to interfere with the Family Court’s findings rejecting the plea for dissolution of marriage.
The High Court therefore dismissed the appeal as devoid of merit and upheld the Family Court’s judgment. The appeal was dismissed without costs, and the Court directed that the decree be drawn accordingly.
Case Details:
Case Title: Akash Ghosh v. Smt. Pooja Seet
Case Number: FA(MAT) No. 325 of 2024
Judge: Justice Parth Prateem Sahu and Justice Sachin Singh Rajput
Decision Date: September 18, 2026
