Chhattisgarh High Court Upholds Divorce for Cruelty and Desertion, Orders ₹5 Lakh Alimony
A corroborated text demanding he abandon his parents convinced the bench that cruelty plus statutory desertion were proved.
Overview
- A Division Bench of Justices Rajani Dubey and Amitendra Kishore Prasad dismissed the wife's appeal, affirming the 2019 Family Court decree in a judgment delivered on September 3.
- The court found mental cruelty based on repeated insults, including calling the husband a 'paaltu chooha' (pet rat), and coercion to live away from his parents, supported by a text message.
- Desertion was established under Section 13(1)(ib) as the wife stayed at her parental home except for a brief return in 2011, with continuous separation proven before the April 21, 2016 filing.
- The wife's plea for restitution of conjugal rights failed, with the court finding the Family Court's conclusions neither perverse nor unsustainable.
- Financial relief includes ₹5 lakh in permanent alimony; the man must also pay ₹1,000 monthly to the wife and ₹6,000 for their son, with the court noting their respective earnings.