The Rajasthan High Court at Jodhpur has dissolved a marriage after finding that the husband’s consistent refusal to appear in court and failure to pay maintenance amounted to mental cruelty.
The Division Bench of Justice Arun Monga and Justice Yogendra Kumar Purohit allowed the wife’s appeal and set aside the Family Court’s earlier order, which had denied her divorce plea. The judgment was delivered on February 3, 2026 .
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Background of the Case
The couple was married on June 29, 2018, as per Hindu rites. According to the wife, she was subjected to mental and physical cruelty soon after marriage due to dowry demands.
She told the court that matters worsened after she gave birth to a daughter in February 2021. The husband and his family allegedly harassed her for not bearing a son and even expressed an intention that he would remarry.
A criminal case was later registered under provisions relating to cruelty, breach of trust, and hurt. Multiple proceedings followed, including cases under Section 125 of the Code of Criminal Procedure (maintenance for wife and child) and under the Domestic Violence Act.
Despite this, the Family Court at Pokaran dismissed her divorce petition in August 2024, holding that cruelty was not proved. Aggrieved, she moved the High Court.
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Husband Proceeded Ex-Parte
During the High Court proceedings, notice was issued to the husband. He initially appeared through counsel. The matter was also referred to mediation, but he chose not to participate.
Later, he stopped appearing altogether. In January 2026, the High Court proceeded against him ex-parte, meaning the case continued in his absence.
The Bench noted that his absence was not limited to the appeal. He had also failed to participate effectively in other connected cases, including maintenance and domestic violence proceedings.
Court Observations on Conduct
The judges closely examined the record of multiple proceedings. They found that maintenance had been ordered in favour of the wife and child, but the husband failed to comply fully. Recovery warrants were issued due to non-payment.
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In one instance, interim maintenance of ₹5,000 per month was ordered. However, a large amount remained unpaid.
The Bench observed that this pattern of conduct could not be brushed aside as isolated lapses.
“The cumulative effect of repeated non-appearance, persistent non-payment of maintenance and deliberate violation of court directions amounts to sustained mental cruelty,” the court noted.
The judges emphasised that mental cruelty must be assessed in the totality of circumstances. Looking at each incident separately, as the Family Court had done, was legally incorrect.
Error by the Family Court
The High Court found that the wife had given clear and consistent testimony. Her statements, the Bench noted, remained unshaken during cross-examination.
The court said the Family Court failed to appreciate this evidence properly and did not consider the broader pattern of the husband’s conduct.
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“The learned Family Court failed to appreciate the cumulative effect of the respondent’s conduct and committed a manifest error in appreciation of evidence,” the Bench observed.
It also pointed out that the husband’s abandonment of legal proceedings reflected disregard not only for matrimonial obligations but also for judicial orders.
Final Decision
Taking an overall view, the High Court concluded that the wife had sufficient cause to live separately and seek dissolution of marriage.
The Bench held that the husband’s sustained neglect, non-compliance with court orders, and continued absence from proceedings constituted mental cruelty under Section 13 of the Hindu Marriage Act.
Accordingly, the appeal was allowed. The Family Court’s judgment dated August 20, 2024, was set aside. The wife’s petition for divorce was decreed, and the marriage between the parties stood dissolved .
Case Title: Smt. Khusboo v. Manohar Lal
Case No.: D.B. Civil Misc. Appeal No. 2708/2024
Decision Date: 03/02/2026
