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Synopsis

The Allahabad High Court, Lucknow Bench, recently observed that the consumption of alcohol by a spouse does not, in itself, amount to cruelty sufficient to warrant the dissolution of marriage under the Hindu Marriage Act, 1955. This observation was made in an appeal filed by a man against the ex-parte judgment of a family court, which had dismissed his plea for divorce on grounds of cruelty and desertion by his wife.

The appellant-husband contended that his wife indulged in alcohol consumption, which he claimed was an affront to the cultural norms of middle-class society and caused him mental agony. However, the bench, comprising Justices Vivek Chaudhary and Om Prakash Shukla, rejected this argument, emphasizing that the act of consuming alcohol cannot be equated with cruelty unless accompanied by "unwarranted and uncivilized behavior."

The court remarked that the societal perception of alcohol consumption as a taboo in middle-class families, while prevalent, could not override the absence of any tangible evidence of cruelty. "There is no pleadings on record to show as to how consuming of alcohol has caused cruelty to the husband/appellant," the court noted, further stating that allegations without substantial proof cannot form the basis for a divorce.

The judgment also addressed broader issues raised in the appeal, including allegations of desertion. Court observed that the respondent-wife had been living separately since November 2016, and despite notices, had not appeared to contest the appeal or participate in the proceedings. While the family court had dismissed the desertion claim on grounds of insufficient evidence, the High Court found merit in the appellant's argument, concluding that the wife's prolonged absence from the matrimonial home constituted "wilful neglect," as defined under the explanation appended to Section 13 of the HMA, 1955.

The court highlighted the long-standing separation between the parties, stating that their marriage had become "unworkable and emotionally dead." Referring to precedents from the Supreme Court, the bench remarked, "The long period of continuous separation establishes that the matrimonial bond is beyond repair. The marriage between the parties has become a fiction, though supported by a legal tie."

The High Court, as a result, set aside the family court's judgment, granting a decree of divorce in favor of the appellant. While doing so, it refrained from addressing ancillary issues related to matrimonial obligations, leaving them open for determination through appropriate legal proceedings.

Case Ttile: xxx   vs.   yyy  (Case No. 2025:AHC-LKO:1303-DB)