In a detailed judgment, the Calcutta High Court dismissed an appeal filed by a wife challenging a divorce decree granted to her husband on the ground of cruelty. The Division Bench reaffirmed that repeated false allegations and criminal proceedings can amount to mental cruelty in a marriage.
Background of the Case
The case, titled Saranjit Kaur (Hura) vs. Inder Singh Hura, arose from a matrimonial dispute dating back over a decade. The couple married in April 2005 and separated in November 2009. The husband filed for divorce in January 2010, alleging cruelty.
The trial court granted divorce in December 2021. The wife then approached the High Court, arguing that the allegations of cruelty were not properly proved and that the marriage had not irretrievably broken down.
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Counsel for the appellant-wife argued that:
- The husband failed to provide concrete evidence of cruelty.
- There were contradictions in his testimony.
- No independent witnesses supported his claims.
- Mere acquittal in criminal cases filed by the wife cannot automatically establish cruelty.
It was also contended that irretrievable breakdown of marriage is not a statutory ground for divorce under Hindu law.
The husband’s counsel maintained that:
- The wife consistently behaved abusively and made baseless allegations about his character.
- She filed multiple criminal cases that ended in acquittal due to lack of evidence.
- These actions caused humiliation, arrest, and mental agony.
The counsel emphasized that the parties had been living separately for nearly 17 years, indicating a complete breakdown of marital ties.
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The Bench carefully examined both pre-suit and post-suit conduct of the wife.
On evidence, the Court noted that the husband’s claims were corroborated by his brother and remained largely unshaken during cross-examination. It rejected the argument that a family member cannot be a reliable witness.
The Court found that serious allegations made by the wife-including claims about the husband’s character-were not supported by evidence. It observed:
“Baseless and reckless allegations against a spouse, particularly affecting reputation, constitute mental cruelty.”
Regarding criminal cases filed by the wife, the Court highlighted that both resulted in acquittal due to lack of evidence. It held that filing such complaints, especially after the divorce suit was initiated, reflected a pattern of harassment.
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The Bench further noted that the wife had left the matrimonial home in 2009 and made no meaningful attempt to resume cohabitation. The long separation indicated that the marriage had reached a point of no return.
On the legal position, the Court clarified:
“Irretrievable breakdown of marriage, though not an independent ground, can be treated as cruelty under Section 13(1)(ia) of the Hindu Marriage Act.”
The wife also argued that the trial court failed to grant permanent alimony. However, the High Court refused to entertain this claim, noting that no formal application for alimony had been filed at any stage.
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The Bench clarified that courts cannot grant alimony suo motu without a proper application and supporting financial disclosures.
The Calcutta High Court upheld the trial court’s decree, concluding that the husband had successfully established mental cruelty.
The appeal was dismissed, and the divorce granted in favour of the husband was affirmed. The Court, however, granted liberty to the wife to file a proper application for permanent alimony before the competent court.
Case Details
Case Title: Saranjit Kaur (Hura) vs. Inder Singh Hura
Case Number: FA No. 185 of 2022
Judges: Justice Sabyasachi Bhattacharyya, Justice Supratim Bhattacharya
Decision Date: 06 April 2026
Counsels:
- For Appellant: Mr. Uday Sankar Chattopadhyay & team
- For Respondent: Mr. Kallol Basu & team
