Minor Disputes and Ritual Non-Observance Not Cruelty Under Hindu Marriage Act: HC

The Madhya Pradesh High Court has ruled that a spouse’s occasional refusal to fulfil marital obligations cannot be treated as “mental cruelty” for granting divorce under the Hindu Marriage Act, 1955.

A husband had challenged the Family Court’s decision that rejected his divorce petition. He alleged that his wife refused to live with his parents, did not wear Mangalsutra or Bindi, avoided family traditions, denied conjugal relations, and eventually left the matrimonial home with their children in March 2024.

The Division Bench of Justice Vishal Dhagat and Justice Ramkumar Choubey observed that the couple had been married since May 2007 and lived together for over 17 years, raising two children. The Court held that occasional refusal of marital relations, minor disputes, or non-observance of traditions do not amount to cruelty. For cruelty to be a ground for divorce, the behaviour must be persistent, grave, and severe enough to make marital life unbearable.

The Court also noted that the wife had expressed her willingness to return to the matrimonial home if treated with care and respect, which was reasonable and not cruelty. Since the husband himself showed willingness for reconciliation, earlier allegations stood condoned.

Agreeing with the Family Court, the High Court dismissed the appeal, holding that the husband failed to prove cruelty or desertion as required under Section 13 of the Hindu Marriage Act.