The Chhattisgarh High Court dissolved a marriage of almost 30 years after finding that the wife left the husband and their son without any valid reason and treated him with mental cruelty. The Court set aside the Family Court’s earlier order and held that the marriage had completely broken down.
Brief Facts of the Case
- Marriage Date: 26.12.1996 between Anil Kumar Sonmani (husband) and Shradha Tiwari (wife).
- They had two children – daughter Phalguni (19) and son Aniket (16).
- After obtaining a Ph.D. and securing a job as a Principal, the wife allegedly started disrespecting and insulting the husband.
- During the COVID-19 lockdown, when the husband lost his income as a lawyer, she taunted him as “unemployed” and left the matrimonial home in 2020 with their daughter.
- She left behind a letter stating she was leaving voluntarily and would have no relationship with her husband or their son.
- Despite repeated attempts by the husband and son to reconcile, she refused to return.
- In 2023, the Family Court dismissed the husband’s divorce petition, forcing him to appeal before the High Court.
Legal Provisions Involved
- Section 13(1)(ia), Hindu Marriage Act, 1955 – Divorce on grounds of cruelty.
- Section 13(1)(ib), Hindu Marriage Act, 1955 – Divorce on grounds of desertion.
- Key case laws:
- V. Bhagat v. D. Bhagat (1994) – Definition of mental cruelty.
- K. Srinivasa Rao v. D.A. Deepa (2013) – Long separation as ground for divorce.
- Bipinchandra J. Shah v. Prabhavati (1957) – Principles of desertion.
Arguments of Petitioner (Husband)
- Wife deserted him without any valid reason and openly declared she would never return.
- She insulted him during his financial crisis instead of supporting him.
- Her own letter proved voluntary desertion.
- Family Court wrongly dismissed the case based on a counseling report that was never formally exhibited.
Arguments of Respondent (Wife)
- The wife did not contest the case. Despite service of notice, she never appeared, never filed a reply, and never gave evidence in either the Family Court or High Court.
Court’s Observation
- The wife’s behaviour — taunting the husband as unemployed, influencing the daughter against him, and abandoning the son — amounted to mental cruelty.
- Her letter showed a clear intention to permanently desert.
- Desertion had continued for more than two years before filing the case, fulfilling legal requirements.
- With no rebuttal from the wife, the husband’s claims stood proved.
- The Court held that the marriage had irretrievably broken down beyond repair.
Conclusion of the Judgment
- The High Court dissolved the marriage.
- The Family Court’s order was set aside.
- Divorce decree granted in favour of the husband.
- No order on costs.
Comments from the author of this website
To me, this case is not just about one man’s divorce — it is a mirror of how the system is stacked against men. Here, the wife herself wrote a letter saying she is leaving of her own choice. She never came to court, never filed a reply, never contested. There was no allegation of cruelty against the husband, no case from her side, nothing at all. Still, the Family Court dismissed his divorce petition and forced him to suffer years of humiliation and delay.
Why is it that when a man speaks the truth, it is not enough? Why is he treated as if he must always be lying, unless the wife confirms his words? Why is the husband made to drag himself through years of litigation when the evidence is crystal clear?
This judgment exposes the bitter truth: a man can give everything — support his wife’s education, build her career, stand by her in life — but the moment he struggles, he is insulted as “unemployed” and thrown out like garbage. And when he seeks justice, instead of protection, the system makes him beg for years, while the wife enjoys the luxury of walking away without accountability.
Let’s be honest — if the situation were reversed, and the husband had left the wife with the kids, he would have been branded cruel, heartless, and irresponsible. Police, courts, women’s cells — everyone would have come down on him like a hammer. But when a wife deserts, abandons her son, and humiliates her husband, the man still has to prove for years that he was wronged. That is the double standard men face every single day in our family courts.
This is not justice — this is legalized suffering for men. This is why so many men lose faith in the system. They know that no matter how innocent they are, no matter how much proof they have, they will still be treated as guilty unless proven otherwise. And by the time the system admits the truth, years of their lives are already destroyed.
Final Thoughts
The High Court’s decision to grant a divorce was the only sensible outcome, because a dead marriage cannot be forced to continue. But the bigger question is: why did it take years for this man to get justice when the evidence was so clear? Why was he made to suffer delays, rejections, and endless battles for something so obvious?
This is the reality of family courts for men — truth is not enough, proof is not enough, even a wife’s written admission is not enough. The system bends over backwards to protect women, but men have to fight just to breathe.
Until the law starts treating men and women equally, husbands will continue to be trapped in marriages long after they are dead, forced to pay the price of being men. Justice in such cases comes too late, after years of struggle — and justice delayed is justice denied.
Read Complete Judgement Here
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