The High Court of Jharkhand has upheld a divorce decree granted by a Family Court in Gumla, holding that concealment of material facts before marriage especially about age and a serious criminal conviction can amount to mental cruelty. The Division Bench dismissed an appeal filed by the wife and affirmed the dissolution of marriage granted to the husband.
Background of the Case
The appeal arose from a judgment dated September 20, 2022, passed by the Family Court, Gumla, dissolving the marriage between Ranthi Kumari Devi and Suresh Kumar Sahu. The couple had married on April 15, 2019.
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The husband approached the Family Court seeking divorce under Section 13 of the Hindu Marriage Act, alleging that his wife had concealed her true age and the fact that she had earlier been convicted in a murder case. He also claimed that after marriage, he faced constant threats and harassment, making it impossible for the couple to live together peacefully.
The wife contested these allegations, stating that all facts, including the criminal case, were disclosed before marriage. She argued that she wanted to save the marriage and that the divorce decree was passed without proper appreciation of her evidence.
What the Family Court Found
After examining witnesses from both sides, the Family Court concluded that the husband had proved mental cruelty. It accepted his version that crucial facts had been suppressed prior to marriage and that the marital relationship was marked by fear, distrust, and repeated conflicts. On this basis, the court granted a decree of divorce.
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Aggrieved by this decision, the wife moved the High Court under Section 19 of the Family Courts Act, which allows an appeal on both facts and law.
Court’s Observations
A Division Bench of Justice Sujit Narayan Prasad and Justice Arun Kumar Rai carefully re-examined the entire record, including pleadings and oral evidence. The court reminded itself that, as a first appellate court, it had the power to reassess both facts and law.
The Bench noted that the core allegation was concealment of material facts before marriage particularly the wife’s age and her conviction for life imprisonment in a murder case, though she was on bail at the time of marriage.
“The relationship of husband and wife rests on trust,” the Bench observed, adding that once this trust is broken, it becomes difficult to repair the marital bond.
The judges held that hiding such serious facts goes beyond ordinary marital discord.
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Referring to settled law on mental cruelty laid down by the Supreme Court of India, the High Court said cruelty need not always be physical. Conduct that causes deep mental agony or creates a reasonable fear in the mind of a spouse can also qualify.
The court found no perversity in the Family Court’s findings. It said the trial court had considered all relevant evidence and had not ignored the wife’s defence.
Decision
Concluding that the Family Court’s judgment was based on proper appreciation of evidence, the High Court refused to interfere.
“The concealment of material facts before marriage caused mental agony to such an extent that it is almost impossible for the parties to live together,” the Bench held.
Accordingly, the appeal was dismissed, and the divorce decree granted by the Family Court, Gumla, was upheld. All pending applications were also disposed of.
Case Title: Ranthi Kumari Devi vs Suresh Kumar Sahu
Case Number: F.A. No. 137 of 2022
