The Chhattisgarh High Court has upheld a family court’s decision to grant a man divorce, ruling that his wife’s refusal to return to the matrimonial home and her demand of Rs 2 crore for a mutual separation amounted to mental cruelty. The bench dismissed the wife’s appeal, confirming the dissolution of marriage.
Background of the Case
The couple, got married in June 2020. However, disputes arose soon after. According to the husband, the wife left the matrimonial home in February 2022 to attend her brother's wedding and refused to return despite multiple requests and counseling sessions.
The husband subsequently filed for divorce under the Hindu Marriage Act, citing cruelty and desertion. He alleged that she had strained relations with his family and misbehaved with his grandmother. The wife contested these claims, stating she was harassed and was always willing to continue the marriage. She also accused the husband of creating a fake matrimonial profile in her name, which led to a criminal case.
Court Observations
The Family Court at Dhamtari had initially granted the divorce and awarded Rs 10 lakh as permanent alimony to the wife. Challenging this decision, the wife approached the High Court.
A division bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal carefully examined the evidence and mediation reports. The court noted that the couple had been living separately for a considerable time. Efforts to settle the dispute through mediation failed entirely due to the wife's monetary demands.
During her cross-examination, the wife agreed that she would consent to a divorce if paid a lump sum of Rs 2 crores. The court viewed this as a clear indication that she had no genuine intention of resuming the matrimonial relationship.
The bench observed,
“The evidence on record clearly establishes that the parties have been living separately for a considerable period and that the appellant has not shown any genuine inclination to resume matrimonial life.”
The court also highlighted that multiple counter-cases filed between the couple had turned their relationship into a state of enmity, leaving no scope for reconciliation. Addressing the wife's challenge against the Rs 10 lakh alimony, the judges found no reason to interfere with the family court's financial assessment. The court also took note that this was the wife's second marriage and she had previously received Rs 25 lakh in alimony from her first husband.
Decision
Concluding the matter, the High Court found no legal flaws or perversity in the family court's judgment. The bench noted that the marriage had irretrievably broken down, and compelling the couple to stay together would only prolong their suffering.
The court dismissed the appeal, upholding the divorce decree on the grounds of cruelty and desertion. The husband was directed to deposit the Rs 10 lakh permanent alimony amount before the concerned Family Court within four weeks, which the wife can subsequently withdraw.
Case Details:
Case Title: Ayushi Ginoria (Agrawal) vs. Sumit Agrawal
Case Number: FA(MAT) No. 287 of 2025
Judge: Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal
Decision Date: 07.07.2026
