Husband Withdrawing Wife’s Salary From ATM, Seeking Personal Details Through RTI Is Mental Cruelty? Rajasthan HC Upholds Divorce
Curated by NEWS DESK
Editorial DeskRAJASTHAN: The Rajasthan High Court has dismissed a husband's appeal against a divorce decree granted to his wife, holding that his conduct involving RTI applications, ATM withdrawals, extramarital affair allegations and neglect during pregnancy amounted to matrimonial cruelty.
A Division Bench of Justice Inderjeet Singh and Justice Sangeeta Sharma upheld the Family Court, Alwar's divorce decree under the Hindu Marriage Act, 1955.
The couple married on 6 February 2010 and had two daughters. The wife alleged that her husband and his family subjected her to dowry demands, physical harassment and mental cruelty during their marriage.
She claimed that her husband kept her ATM card and repeatedly withdrew money from her salary account, restricting her control over her own earnings.
The wife further alleged that her husband filed several RTI applications at her workplace to obtain her salary details, medical records and personal information. She claimed these actions were intended to damage her professional reputation.
She also accused him of making extramarital affair allegations involving her male colleagues and failing to provide proper care and food during her pregnancy.
The husband, who appeared in person, denied the allegations. He maintained that he had never demanded dowry or threatened his wife. He also expressed his desire to live with his daughters and challenged the grounds on which the divorce decree was granted.
He questioned the Family Court's jurisdiction and referred to his earlier petition under Section 9 of the Hindu Marriage Act, seeking restitution of conjugal rights.
The wife opposed the appeal, explaining that her divorce petition had been transferred from Family Court No. 1 to Family Court No. 2, Alwar, through an administrative order dated 28 March 2022.
The Rajasthan High Court examined the evidence concerning the husband's alleged control over his wife's finances, repeated RTI applications seeking private information, and accusations questioning her character.
The Court observed that obtaining a spouse's private information with the intention of causing humiliation or damaging their reputation could amount to mental cruelty under matrimonial law. It also considered the allegations of neglect during pregnancy.
The Bench noted that the couple had been living separately since November 2018, with little possibility of reconciliation.
Finding no sufficient grounds to interfere with the Family Court's findings, the Rajasthan High Court dismissed the husband's divorce appeal and upheld the divorce decree dated 29 April 2024.
EXPLANATORY TABLE OF LAWS AND SECTIONS
| Law / Section | What It Means | Application in This Case |
|---|---|---|
| Section 13(1)(ia), Hindu Marriage Act, 1955 | Allows divorce when one spouse proves cruelty by the other. | Wife obtained divorce on the ground of cruelty. |
| Section 9, Hindu Marriage Act, 1955 | Allows a spouse to seek restitution of conjugal rights when the other spouse withdraws from marital society without reasonable excuse. | Husband had earlier sought restitution of conjugal rights. |
| Section 28, Hindu Marriage Act, 1955 | Provides for appeals against specified matrimonial decrees and orders. | Husband challenged the Family Court's divorce decree. |
| Right to Information Act, 2005 | Provides a legal process to seek information from public authorities, subject to statutory exemptions. | Husband's repeated applications seeking his wife's private details were examined as part of the alleged cruelty. |
CASE DETAILS
| Particular | Details |
|---|---|
| Case Title | Narendra Kumar Chandel v. Srishti Banswal |
| Court | Rajasthan High Court, Jaipur Bench |
| Bench | Justice Inderjeet Singh and Justice Sangeeta Sharma |
| Judgment Date | 29 September 2026 |
| Case Number | D.B. Civil Miscellaneous Appeal No. 2891/2024 |
| Appellant | Husband – Narendra Kumar Chandel |
| Respondent | Wife – Srishti Banswal |
| Counsel for Appellant | Husband appeared in person |
| Counsel for Respondent | Mr. Shovit Jhanjhariya |
| Family Court | Family Court No. 2, Alwar |
| Original Divorce Decree | 29 April 2024 |
| Final Decision | Husband's appeal dismissed; wife's divorce decree upheld |
KEY TAKEAWAYS
- ATM Withdrawals Held Against Husband: Alleged control over his wife's salary became a key factor in the divorce proceedings.
- RTI Requests Used as Evidence of Cruelty: Seeking his wife's private information through RTI contributed to the findings against the husband.
- Husbands Deserve Equal Legal Protection: A man's dignity, reputation and matrimonial rights deserve the same legal protection as a woman's.
- Allegations Require Proper Evidence: Financial disputes and marital accusations must be judged fairly, without presuming the husband's guilt.
- Divorce Upheld Against Husband: Rajasthan HC upheld the decree based on multiple allegations. Men's rights and the right to a fair hearing must never be overlooked.
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