SUMAN K SHRIVASTAVA
Ranchi, January 24: Reiterating that cruelty under matrimonial law cannot be presumed or inferred from ordinary marital disputes, the Jharkhand High Court has dismissed a divorce appeal, holding that allegations must be grave, consistent and backed by credible evidence. The court ruled that mere accusations, family disagreements or unproven incidents do not amount to mental cruelty warranting dissolution of marriage.
The judgment was delivered on January 22 by a Division Bench of Justice Sujit Narayan Prasad and Justice Arun Kumar Rai, which upheld the Family Court’s refusal to grant divorce to Sandeep Pramanik, a Project Associate at IIT Delhi, in his dispute with his wife Jyotsna Pramanik.
Marriage, Separation and Legal Battle
Sandeep Pramanik and Jyotsna Pramanik were married on June 21, 2010, according to Hindu customs at Mahulpani in Chakradharpur, West Singhbhum district. A reception ceremony followed in Ranchi. The couple later had a son in November 2011.
However, the marriage soon ran into difficulties. The husband alleged that his wife’s conduct caused him mental trauma and ultimately forced him to seek divorce under Section 13 of the Hindu Marriage Act on the grounds of cruelty and desertion.
Husband’s Case: Allegations of Cruelty and Desertion
In his petition, Sandeep Pramanik claimed that his wife pressured him to separate from his aged parents, behaved violently with family members and repeatedly threatened to commit suicide if her demands were not fulfilled. He also alleged that she left the matrimonial home in October 2012 with their infant son and never returned despite repeated efforts to reconcile.
The husband further accused his wife of publicly defaming him and later filing a false criminal case, which, according to him, caused severe mental distress and damaged his reputation.
Wife’s Response: Denial of Cruelty, Willingness to Return
Jyotsna Pramanik denied all allegations and told the court that she was subjected to harassment and dowry demands by her husband and in-laws. She stated that her husband, despite being employed in Delhi, never took her with him and left her to live with his parents.
Throughout the proceedings before both the Family Court and the High Court, she maintained that she was willing to resume marital life and live with her husband, a stand that weighed heavily with the court.
Family Court Finds No Proof of Cruelty
The Family Court at Chaibasa, after examining witnesses from both sides, dismissed the divorce petition in August 2022. The court concluded that the husband failed to establish cruelty or desertion through reliable and consistent evidence.
Challenging this decision, the husband approached the Jharkhand High Court.
High Court Examines What ‘Cruelty’ Really Means
While hearing the appeal, the High Court undertook a detailed examination of how “cruelty” is understood in matrimonial law. Relying on several Supreme Court judgments, the Bench observed that cruelty must be grave and weighty, and not merely the result of normal wear and tear of married life.
The court noted that cruelty has no fixed definition and must be assessed in the context of the parties’ social background, conduct and circumstances. Importantly, the judges stressed that allegations of cruelty must be supported by convincing evidence.
Contradictions Weakened the Husband’s Case
The Bench pointed out serious contradictions in the husband’s evidence. Several key incidents cited by him were not corroborated by independent witnesses. Significantly, even the husband’s father admitted during cross-examination that the divorce case had been filed on false allegations.
The court also observed that certain incidents claimed by the husband were doubtful in light of the evidence on record.
Desertion Claim Rejected
On the issue of desertion, the High Court held that desertion requires an intention to permanently abandon marital life. The judges noted that such intention was clearly absent, as the wife had consistently expressed her desire to live with her husband and perform her marital duties.
The court ruled that when a spouse is willing to return, the essential element of desertion is missing.
No Perversity in Family Court Judgment
After examining the record, the High Court concluded that the Family Court’s findings were neither perverse nor contrary to law. The judges held that the Family Court had correctly appreciated the evidence and applied settled legal principles on cruelty and desertion.
Appeal Dismissed
Upholding the Family Court’s judgment, the Jharkhand High Court dismissed the divorce appeal on January 22, 2026, bringing an end to the long-running matrimonial litigation.
The ruling reinforces the principle that divorce on the ground of cruelty cannot be granted on assumptions or strained marital relations alone, and that courts will insist on strict proof before dissolving a marriage.