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News India Live, Digital Desk: A bench of Justice Subhash Chand, while hearing a family appeal, has underlined the sanctity and legal norms of marital relations. The court held that issuing a decree of divorce on mere suspicion, without any concrete evidence or proof of ‘cruelty’, is wrong in law.
1. What was the whole matter?
This case related to a husband’s demand for divorce from his wife.
Husband’s argument: The husband alleged that his wife’s behavior was not good and she was having an affair with another man. On the basis of this ‘doubt’ she had filed for divorce.
Decision of the lower court: Earlier, the family court had given its verdict in favor of the husband and approved the divorce.
High Court intervention: The wife challenged this decision in the High Court. The High Court found that the husband could not present any solid evidence to prove his allegations.
2. Important comments of the court
During the hearing the court gave some strict and clear instructions:
Essentiality of evidence: The Court said that under the Indian Penal Code or civil laws, “suspicion, no matter how strong, cannot take the place of proof.”
Definition of Cruelty: Mere ideological differences or doubting one’s spouse does not fall within the scope of ‘mental cruelty’ unless it makes the life of the other party difficult.
Family Stability: The court stressed that the purpose of the law is to unite families, and not to break them without any solid basis.
3. ‘Restitution of Conjugal Rights’
The court rejected the husband’s divorce petition and supported the wife’s right to live with her.
Importance of Section 9: Under Section 9 of the Hindu Marriage Act, if one party lives separately without any reasonable cause, the other party can claim cohabitation. In this case, the Court found that the wife was willing to live together, but the husband wanted to separate her only because of unfounded suspicion.
4. Legal effect of this decision
This judgment will set a precedent for thousands of cases where divorce is sought on the grounds of minor misunderstandings or defamation of character without evidence.
Control on false allegations: This decision will discourage baseless allegations against the spouse.
Testing Standards: Now family courts will have to examine the evidence more deeply before giving a divorce decree.
