The Calcutta High Court has held that occasional instances of spouses living together after separation do not, by themselves, amount to forgiveness of earlier matrimonial cruelty. A Division Bench of Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya said such conduct must be examined in the wider circumstances of the marriage.
Background of the Case
The couple married under the Special Marriage Act on June 18, 2009, and had a child in April 2013. They separated in 2014 after matrimonial disputes. The husband later sought divorce on the ground of mental cruelty.
The wife challenged the divorce decree, arguing that she had returned to the matrimonial home several times after separation and stayed with her husband for about seven to eight days on each occasion. According to her, these instances showed that she was willing to resume married life and that any earlier cruelty stood condoned.
Court’s Observation
The Bench rejected the argument, relying on the Supreme Court’s ruling in Dr. N.G. Dastane v. Mrs. S. Dastane. It explained that condonation means forgiveness coupled with restoration of the spouse to the earlier matrimonial position.
The Court observed:
“Stray incidents of living together as husband and wife do not amount to condonation.”
It further held that any such forgiveness remains conditional upon the offending spouse not committing further acts of cruelty.
The Court also examined allegations made by the wife against her husband and his family, including allegations concerning dowry, property and alleged mistreatment of the couple’s child. The Bench found several serious allegations unsupported by corroborating material and held that grave, unsubstantiated allegations capable of causing serious mental agony may amount to mental cruelty.
The Court also considered the parties’ prolonged separation. They had lived separately for more than 11 years, while court-referred mediation had failed.
Decision
The Calcutta High Court dismissed the wife’s appeal and affirmed the divorce decree passed by the Family Court at Calcutta.
It also dismissed the application seeking to introduce additional evidence and dissolved the marriage by decree of divorce.
