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Chhattisgarh High Court Upholds Divorce Decree, Grants ₹5 Lakh One-Time Alimony After Examining Medical Evidence and Marital Cruelty Claims

Vivek G.

Chhattisgarh High Court upholds divorce decree, finds no fault in Family Court ruling, and orders ₹5 lakh one-time alimony to wife.

Chhattisgarh High Court Upholds Divorce Decree, Grants ₹5 Lakh One-Time Alimony After Examining Medical Evidence and Marital Cruelty Claims

In a quietly intense hearing at the Chhattisgarh High Court in Bilaspur, a long-running matrimonial dispute finally reached closure. The Division Bench upheld a Family Court’s divorce decree while also stepping in to settle the question of financial support for the wife. The case, argued largely on documents and personal testimony, revolved around allegations of cruelty, concealment of medical facts, and the emotional fallout of a childless marriage.

हिंदी में पढ़ें

Background

The marriage between the parties was solemnised in June 2015 at Khairagarh, following Hindu rituals. Within a short span, relations soured. The husband approached the Family Court seeking divorce under the Hindu Marriage Act, alleging mental cruelty and suppression of crucial medical information related to the wife’s ability to conceive.

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He claimed that he later discovered his wife had been facing menstrual issues for years before the marriage, something he said was never disclosed earlier. According to him, disputes over family responsibilities, financial issues, and alleged misbehaviour with his parents added to the strain.

The wife, however, painted a very different picture. She denied concealing any medical condition and alleged she was repeatedly humiliated as a “barren woman.” She maintained that her medical issue was temporary and curable, and that she had been subjected to cruelty at her matrimonial home.

The Family Court in Kawardha eventually accepted the husband’s version and granted a decree of divorce in March 2022, prompting the wife to challenge the decision before the High Court.

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Court’s Observations

The Bench of Justice Rajani Dubey and Justice Amitendra Kishore Prasad closely examined the trial court record, including medical reports and cross-examination statements. The judges noted that both parties admitted they had been living separately since 2016.

Importantly, the Court found that while several medical documents were produced, no doctor was examined to conclusively prove that the wife was permanently incapable of bearing a child. At the same time, the Bench observed that the marriage had broken down irretrievably due to persistent disputes and mistrust.

“The Family Court has minutely appreciated the oral and documentary evidence,” the Bench observed, adding that there was no illegality or perversity in the conclusions drawn earlier. The High Court declined to interfere with the finding that the husband had faced mental cruelty sufficient to justify dissolution of marriage.

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Decision

While dismissing the wife’s appeal against the divorce, the High Court addressed the issue of permanent alimony. Taking into account the socio-economic background of both parties and recent Supreme Court guidelines, the Bench ordered the husband to pay ₹5 lakh as a one-time settlement.

The Court clarified that this amount would cover all past and future claims of the wife and directed that it be paid within four months. With this direction, the appeal was disposed of and the decree ordered to be drawn accordingly.

Case Title: [Appellant Wife] vs. [Respondent Husband]

Case No.: FA (MAT) No. 63 of 2022

Case Type: First Appeal (Matrimonial) – Divorce & Permanent Alimony

Decision Date: 09 December 2025

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