Chhattisgarh HC Grants Husband Divorce For Mental Cruelty Over Wife’s Continued 498A Litigation, Says: “Cruelty Is A Matter Of Conduct, Not Gender”
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Editorial DeskCHATTISGARH: The Chhattisgarh High Court has granted divorce to a husband after finding that his wife's continued legal proceedings against him and his family caused mental cruelty. The Court held that cruelty in marriage depends on a person's conduct and cannot be judged merely on the basis of gender.
A Division Bench of Justice Parth Prateem Sahu and Justice Sushma Sawant overturned the August 2019 decision of the Katghora Family Court and dissolved the marriage of Vishambhar Prasad Rathore and Manisha Rathore, who married on June 2, 2015.
The husband, an engineer who had worked in Bengaluru, sought divorce under Sections 13(1)(ia) and 13(1)(iii) of the Hindu Marriage Act, 1955. He alleged that his wife stayed with him only for short periods, behaved aggressively, slapped him, used abusive language and had an undisclosed psychiatric condition.
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The wife denied these allegations and accused the husband and his family of physical and mental cruelty over an alleged â‚ą5 lakh dowry demand.
In August 2019, the Family Court rejected the husband's divorce petition, finding insufficient evidence to establish cruelty or the alleged mental illness. The husband challenged that decision before the High Court.
Meanwhile, the wife had initiated criminal proceedings under Sections 498A and 34 IPC against the husband and six family members. In December 2023, the Judicial Magistrate First Class, Katghora, acquitted all seven accused.
The wife challenged their acquittal, but the Sessions Court dismissed her appeal in March 2025.
She had also filed proceedings under the Protection of Women from Domestic Violence Act, 2005. Her complaint was dismissed in March 2024, and her appeal against that decision was rejected in August 2024.
The High Court examined the litigation history and its impact on the husband. It observed that
“Cruelty is a matter of conduct, not gender. Matrimonial law does not presume that only one spouse is capable of committing cruelty.”
The Court found that the wife's continued pursuit of proceedings, despite the adverse decisions, reflected an effort to cause distress to the husband. The Bench concluded that the husband had established matrimonial cruelty under Section 13(1)(ia) of the Hindu Marriage Act.
Accordingly, the High Court allowed his appeal, set aside the Family Court's decision and granted him a decree of divorce.
EXPLANATORY TABLE OF LAWS AND SECTIONS
| Law / Provision | What It Means | Application in This Case |
|---|---|---|
| Section 13(1)(ia), Hindu Marriage Act, 1955 | Divorce on grounds of cruelty, including mental cruelty. | The High Court granted divorce to the husband on this ground. |
| Section 13(1)(iii), Hindu Marriage Act | Divorce where the other spouse has a mental disorder meeting the statutory threshold. | The husband raised this ground, but the medical evidence did not establish it. |
| Section 10(1)(a), Hindu Marriage Act | Judicial separation on grounds specified under the Act. | Earlier judicial separation proceedings were mentioned. |
| Section 19(1), Family Courts Act, 1984 | Provides for appeals against qualifying Family Court judgments. | The husband challenged the dismissal of his divorce petition. |
| Section 498A IPC | Punishes specified cruelty by a husband or his relatives against a married woman. | The husband and six relatives were prosecuted and subsequently acquitted. |
| Section 34 IPC | Deals with criminal acts committed in furtherance of common intention. | Invoked alongside Section 498A IPC. |
| Section 29, Domestic Violence Act, 2005 | Provides for appeals against orders under the Act. | The wife's appeal in the domestic violence proceedings was dismissed. |
| Order XLI Rule 27, CPC | Permits additional evidence in appellate proceedings under specified conditions. | The husband sought to place subsequent criminal and domestic violence case decisions on record. |
CASE DETAILS
| Particular | Details |
|---|---|
| Case Title | Husband v. Wife |
| Court | High Court of Chhattisgarh, Bilaspur |
| Case Number | FA(MAT) No. 79 of 2019 |
| Neutral Citation | 2026:CGHC:40916-DB |
| CNR Number | CGHC010382722019 |
| Decision Date | September 18, 2026 |
| Bench | Justice Parth Prateem Sahu and Justice Sushma Sawant |
| Counsel for Husband/Appellant | Mr. F. S. Khare, Advocate |
| Counsel for Wife/Respondent | None present at the hearing |
| Family Court Case | Civil Suit No. 52-A/2017 |
| Family Court Order | August 8, 2019 |
| Result | Husband's appeal allowed; marriage dissolved by decree of divorce on the ground of cruelty. |
KEY TAKEAWAYS
- Cruelty Has No Gender: Chhattisgarh High Court made it clear that cruelty is a matter of conduct, not gender. A wife can also be guilty of mental cruelty towards her husband.
- Husbands Can Be Victims Too: Matrimonial law does not presume that only women can suffer cruelty. A husband's mental suffering deserves equal judicial consideration.
- 498A Acquittal Did Not End His Ordeal: Despite the husband and six family members being acquitted, the wife challenged the acquittal and continued litigation.
- Wife's Continued Litigation Amounted to Cruelty: The High Court considered her repeated legal challenges, including the dismissed domestic violence proceedings, and found that her conduct caused mental cruelty to the husband.
- Mental Cruelty Is a Ground for Husband's Divorce: The High Court overturned the Family Court's decision and granted divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
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