Eighteen Years of Separation Amounts to Cruelty for Dissolving Marriage: Patna HC

Continuous desertion and denial of conjugal rights for eighteen years constitute mental cruelty, providing valid grounds for the permanent dissolution of a Hindu marriage. The Patna High Court has affirmed that a long-term breakdown of matrimonial bonds, where parties have lived separately for nearly two decades, justifies a decree of divorce to end a legally dead relationship.

A division bench comprising Justice Bibek Chaudhuri and Justice Rana Vikram Singh presided over the appeal, which challenged a lower court's decision to grant a divorce to the husband. The Court examined the protracted history of litigation between the parties and the irreparable nature of their marital discord before upholding the dissolution.

Court Observations and Directions

The Court observed that the marriage, solemnized in 2007, had effectively ceased to exist since late 2008. It noted that the appellant-wife had failed to prove her allegations of dowry demands or ouster, while the husband successfully demonstrated a long-standing denial of conjugal company. The Court, in its reasoning, observed: "This long separation and denial of conjugal relationship by the wife amounts to cruelty on the part of the wife against her husband. Moreover, the facts of the case amply proves that the appellant was in complete desertion from her husband for more than two years immediately preceding the presentation of the plaint."

The Court has the following directions:

"The instant appeal is dismissed. The judgement and decree, dated 7th of June, 2022 and 22nd of June, 2022, respectively, passed by the Trial Court in Matrimonial Case No. 45 of 2013, in favour of the respondent / husband for dissolution of marriage, is, hereby, affirmed. The appellant is at liberty to file appropriate application under Section 25 of the Hindu Marriage Act, claiming permanent alimony and if such application is filed, the learned Trial Judge shall dispose of the application in accordance with law expeditiously and preferably within a period of four months from the date of filing of the application."

Background

The marriage between the parties took place in December 2007. However, disputes arose almost immediately, with the husband alleging that the wife exhibited rude behavior and physically abused his mother. He further claimed she attempted suicide by consuming kerosene to implicate his family in a false dowry case before leaving the matrimonial home in March 2008. Conversely, the wife alleged that she was harassed for dowry and eventually ousted from the home in December 2008.

This litigation has seen multiple rounds, including a previously dismissed divorce suit from 2008 and a judicial separation case. The present proceedings arose from Matrimonial Case No. 45 of 2013. The Principal Judge, Family Court, Bhojpur at Arrah, had granted the divorce in 2022, finding that the wife had deserted the husband. The High Court, while dismissing the wife's appeal, emphasized that the 18-year separation could not be ignored and affirmed the Trial Court's findings while reserving the wife's right to seek alimony under Section 25 of the Hindu Marriage Act.

Case Details:
Case No.: Miscellaneous Appeal No. 504 of 2023
Case Title: Khushboo Kumari @ Khushboo Devi v. Abhishek Verma @ Chunnu Jee
Appearances:
For the Appellant(s): Mr. Dhananjay Mishra, Advocate; Mr. Nilesh Kumar Nirala, Advocate
For the Respondent(s): Mr. Binod Kumar Singh, Advocate; Ms. Vagisha Pragya Vacaknavi

Source: 2026 CaseBase(PAT) 3301