Chhattisgarh High Court Upholds Divorce Citing Cruelty After Wife Allegedly Concealed Absence Of Menstruation For 10 Yrs

The Chhattisgarh High Court has recently upheld a decree of divorce passed in favour of a husband on the ground of 'cruelty' after he discovered that his wife had not had her menstrual cycle for 10 years subsequent to the solemnisation of their marriage.

Dismissing the appeal preferred by the wife, a Division Bench of Justice Rajani Dubey and Justice Amitendra Kishore Prasad held –

“Learned Family Court has minutely appreciated the oral and documentary evidence and finds that issues No. 1 and 3 are in favour of the respondent/husband and rightly passed the decree of divorce in favour of him. Thus, we do not find any illegality or irregularity warranting interference by this Court in the impugned judgment passed by learned Family Court.”

Facts germane for the context, the appellant-wife and the respondent-husband solemnized their marriage on 05.06.2015 as per Hindu rituals. Subsequent to the marriage, the wife informed the husband that she had skipped her mestrual cycle. The husband took it for her pregnancy and got her medically checked by a gynaecologist. The wife revealed before the doctor that she did not get any menstrual discharge for ten years.

It was alleged that when the husband asked the wife as to why did she marry him, she replied that if she had told him the truth before he would have said no. 

She got herself checked by another gynaecologist from which an issue with her uterus which is why there is trouble in having children. 

The husband got shocked with such revelation which according him caused great mental agony for which he filed an application under Section 13(1)(ia) of the Hindu Marriage Act seeking divorce on the ground of cruelty.

The Family Court, Kawardha, after considering the contentions and pleadings of both the sides, granted the decree of divorce in favour of the husband. Being aggrieved, the wife assailed such decree before the High Court.

The appellant-wife refuted the claims made by the respondent-husband before the Family Court. She specifically pleaded that her medical condition was opined to be non-permanent and she was advised to undergo certain medications. She further asserted that the after taking the medicines, she has become medically eligible for having pregnancy. However, she did not produce any medical certificate to that effect.

The high court took note of the husband's response in his cross examination wherein he had said that if the wife had informed her earlier that she cannot procreate so he could have thought of alternative and modern treatments and other arrangements, however  she did not tell him and he found out after medical examination. 

The wife claimed that her treatment was going on and she has stated that after taking medications, and has become capable of having a child. She however admitted this suggestion that she has not produced any Doctor Certificate in this regard.

Therefore, taking into consideration the fact that the wife concealed about her infertility at the time of marriage, the Court was satisfied that the Family Court was justified in granting the decree of divorce in favour of the husband on the ground of cruelty.

Accordingly, the impugned order was upheld. Nevertheless, taking into account the socio-economic status of the parties and the guidelines given by the Apex Court in Sau. Jiya v. Kuldeep, 2025 INSC 135 the Court ordered the respondent-husband to pay Rs. 5,00,000/- as permanent alimony to the appellant-wife.

Case Title: X v. Y

Case No: FA (MAT) No. 63 of 2022

Date of Judgment: December 09, 2025

Counsel for the Appellant: Mr. Chandrakaditya Pandey, Advocate on behalf of Mr. Dharmesh Shrivastava, Advocate.

Counsel for the Respondent: None

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