Supreme Court Dismisses Husband's Divorce Appeal in Cruelty and Adultery Case — Irretrievable Breakdown Not a Ground for Divorce Under Hindu Marriage Act, 1955. Court holds that allegations of adultery and cruelty must be proved by evidence, and irretrievable breakdown of marriage is not a statutory ground for divorce under Section 13 of the Hindu Marriage Act, 1955.

Civil appeal against dismissal of divorce petition by Family Court and High Court.

The appellant-husband sought a decree of divorce on grounds of cruelty and adultery under Section 13 of the Hindu Marriage Act, 1955.

The appellant-husband alleged mental cruelty and adultery by the respondent-wife, and claimed that the marriage had irretrievably broken down.

The Family Court dismissed the divorce petition. The Allahabad High Court dismissed the husband's appeal and upheld the Family Court order.

Whether the appellant-husband proved cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955? Whether the appellant-husband proved adultery under Section 13(1)(i) of the Hindu Marriage Act, 1955? Whether irretrievable breakdown of marriage is a ground for divorce under the Hindu Marriage Act, 1955?

The appellant-husband argued that the respondent-wife's false allegations of adultery and filing of multiple legal proceedings amounted to mental cruelty. The appellant-husband alleged that the respondent-wife committed adultery, but provided no evidence. The appellant-husband contended that the marriage had irretrievably broken down due to prolonged separation and lack of cohabitation. The respondent-wife denied all allegations and submitted that the husband failed to prove cruelty or adultery.

The Court held that cruelty and adultery must be proved by cogent evidence, and the mere filing of legal proceedings by the wife does not constitute cruelty unless proven false or malicious. Irretrievable breakdown of marriage is not a statutory ground for divorce under the Hindu Marriage Act, 1955, and the court cannot grant divorce on that basis.

Leave granted. The present appeal arises out of the judgment and order dated 3rd October 2024 passed by the High Court of Allahabad in First Appeal No. 930/2024, whereby the High Court dismissed the husband's appeal and upheld the order of the Family Court dismissing the divorce petition. The marriage between the appellant-husband and the respondent-wife was solemnised on 19th April 2017, in accordance with Hindu rites and ceremonies. The appellant-husband is an officer in the Indian Army, and the respondent-wife is a qualified doctor (B.D.S.). Owing to marital discord, the respondent-wife moved out of the matrimonial home. She attributed the breakdown of the marriage to the appellant-husband's alleged adultery. On 30th April 2018, the respondent-wife made an application before the Army Authorities seeking monthly maintenance under Section 90(i) of the Army Act, 1950. On 1st October 2018, alleging mental and physical harassment and domestic violence, the respondent-wife filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005. On 24th November 2018, the respondent-wife filed a criminal complaint with the Mahila Thana, P.S. Noida. On 29th November 2019, the respondent-wife instituted proceedings under Section 125 Code of Criminal Procedure, 1973.

The appellant-husband filed a divorce petition under Section 13 of the Hindu Marriage Act, 1955 before the Family Court, which was dismissed. The husband appealed to the Allahabad High Court in First Appeal No. 930/2024, which was dismissed on 3rd October 2024. The husband then filed a Special Leave Petition before the Supreme Court, which was converted into Civil Appeal No. of 2026.

• Hindu Marriage Act, 1955: Section 13
• Protection of Women from Domestic Violence Act, 2005: Section 12
• Code of Criminal Procedure, 1973: Section 125
• Army Act, 1950: Section 90(i)