FA(MAT) No. 71 of 2024 Chattisgarh High Court Smt. Sonal Mehar vs Satish Kumar on 6 August, 2026 Hindu Marriage Act, 1955 — Ss. 13(1)(ia), 13(1)(ib) & 9 — Divorce — Cruelty — Desertion — Wife obtaining decree for restitution of conjugal rights — Husband failing to establish cruelty or animus deserendi — Whether decree of divorce sustainable — Held, No. The husband sought dissolution of marriage alleging cruelty and desertion. The wife consistently pleaded that she was willing to resume cohabitation, explained that her separate residence was due to her Government employment, and had already obtained a decree for restitution of conjugal rights under Section 9 of the Act, which remained uncomplied with by the husband. The evidence disclosed repeated efforts by the wife to preserve the matrimonial relationship, whereas the husband failed to establish either mental cruelty or intentional abandonment. The decree of divorce granted by the Family Court was therefore liable to be set aside.

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 FA(MAT) No. 71 of 2024 Chattisgarh High Court Smt. Sonal Mehar vs Satish Kumar on 6 August, 2026

Hindu Marriage Act, 1955 — Ss. 13(1)(ia), 13(1)(ib) & 9 — Divorce — Cruelty — Desertion — Wife obtaining decree for restitution of conjugal rights — Husband failing to establish cruelty or animus deserendi — Whether decree of divorce sustainable — Held, No.

The husband sought dissolution of marriage alleging cruelty and desertion. The wife consistently pleaded that she was willing to resume cohabitation, explained that her separate residence was due to her Government employment, and had already obtained a decree for restitution of conjugal rights under Section 9 of the Act, which remained uncomplied with by the husband. The evidence disclosed repeated efforts by the wife to preserve the matrimonial relationship, whereas the husband failed to establish either mental cruelty or intentional abandonment. The decree of divorce granted by the Family Court was therefore liable to be set aside.

Held :

(i) Mere matrimonial disagreements, normal wear and tear of married life, or isolated quarrels do not constitute mental cruelty within Section 13(1)(ia). The conduct complained of must satisfy the parameters laid down in Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511. (Paras 14, 15)

(ii) Desertion requires proof of both the factum of separation and animus deserendi. Where the spouse demonstrates willingness to resume cohabitation, visits the matrimonial home, and institutes proceedings for restitution of conjugal rights, the essential intention permanently to abandon the marital relationship is absent. (Para 16)

(iii) A decree for restitution of conjugal rights obtained by the alleged deserting spouse and remaining uncomplied with by the other spouse constitutes a significant circumstance negativing the allegation of desertion. (Paras 12, 16)

(iv) The burden to establish cruelty and desertion lies upon the spouse seeking divorce. In the absence of cogent, reliable and convincing evidence satisfying the statutory ingredients, a decree of divorce cannot be sustained. (Para 17)

Relied on: Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511. (Paras 14-15)