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The Madhya Pradesh High Court recently dismissed an appeal filed by a man against the judgment and decree passed by the Family Court wherein the court had declined to grant the decree of divorce to him. Court held that being a father, the man could not run away from his responsibility towards his son by simply taking divorce on the ground that he wants to serve his mother and father for remaining his life.

The bench of Justice Vivek Rusia and Justice Amar Nath Kesharwani further opined that the man had a responsibility toward his son and wife also and he could not leave them alone after 22 years of marriage. 

"Based on Hindu law, marriage is a sacred tie and the last of ten sacraments that can never be broken. Also, it is a relationship that is established by birth to birth. Also, it is not only considered as sacred but it is also a holy union. The main objective of marriage is to enable a woman and a man to perform their religious duties. Along with this, they also have to beget progeny. Based on ancient writings, a woman is considered half of her husband and thus completes him. While a man is also considered incomplete without a woman," Court added. 

The man had filed an application before the family court for divorce under section 13 of the Hindu Marriage Act. The lower court had concluded that the husband was not entitled to dissolution of marriage as the matrimonial dispute between the man and his wife was petty in nature, which did not amount to cruelty on the part of the wife. Aggrieved by the said order, the husband then preferred an appeal before the high court.

Before the high court, the man prayed for a decree of divorce mainly alleging that he was subjected to mental cruelty due to the behavior of his wife and she had tried implicating him falsely for an offence punishable under Section 498-A of the Indian Penal Code, in which he was acquitted.

He further submitted that he and his wife were living separately for almost 10 years and earlier also he had filed an application for divorce on two occasions but withdrew both as he had come to a compromise with his wife. He, however, alleged that despite this, his wife did not change her behavior towards his parents. Therefore, he contended that there was no possibility or hope of them living together for the rest of their lives.

On the other hand, the wife argued that the man had failed to establish physical or mental cruelty by leading cogent evidence, and therefore, the lower court had rightly declined the decree of divorce.

Referring to their 22-year-old son, she averred that the man has a responsibility towards him. She contended that she had taken care of their son all by herself and that divorce, at the given stage, would push his future into the dark.

Court agreed with wife's argument and noted, "She appears to be a sensible lady, therefore some incident that took place 10-12 years back, which is normal between husband and wife, cannot be a ground for divorce."

Court further stated, "We are of the affirm view that the appellant has failed to establish his case to get the decree of divorce. The decree of divorce cannot be granted merely on the ground that husband and wife are living separately since last so many years. The appellant has failed to establish the allegation leveled in the petition by leading evidence."

Accordingly, Court affirmed the order passed by the Family Court and dismissed man's appeal. 

Case Title: Parag Pandit v. Smt. Sadhna