The Chhattisgarh High Court has held that a wife's alleged description of her husband as “black complexioned” or “fatty shaped” cannot, by itself, be treated as sufficient ground for granting him a decree of divorce. The Court observed that mere allegations, without any evidence substantiating them, cannot be the basis for granting divorce.

A division bench of Justice Parth Prateem Sahu and Justice Sachin Singh Rajput was hearing an appeal filed under Section 19 (1) of the Family Court Act, 1984 by the husband against the Family Court's judgment rejecting his application for divorce under Section 13 of the Hindu Marriage Act, 1955. The husband alleged that the respondent/wife treated him with hostility, threatened to implicate him in false cases and frequently went to her parental home.

The Court found that the appellant/husband failed to establish the ingredients of cruelty and desertion on the part of the respondent/wife so as to seek a decree of dissolution of marriage against her.

The Court noted that the allegations made by the husband against the wife had not been substantiated by cogent evidence. It observed that the allegations levelled by the husband are not sufficient for granting him a decree of divorce.

'… he has alleged that the respondent/wife used to brand him as being a black complexioned or a fatty shaped but they cannot be taken to be sufficient ground for granting a decree of divorce to him.”

Regarding the allegation of desertion, the Court observed that the husband could not prove that the respondent/wife was living with her parents without there being any reasonable excuse, noting that she was sent forcibly by the family members of the husband. The Court also took note of the wife's submission that no efforts were made by the husband to take her back or keep her with him.

The Court also referred to the Supreme Court's decision in Samar Ghosh v. Jaya Ghosh, and held:

“If the facts and circumstances of the case in hand are analyzed, there is nothing on record on the basis of which the act of the respondent/wife can be dragged within the sweep of cruelty as has been categorized in the case referred to above.”

The Court observed that though various allegations have been made by the husband, no pinpointed evidence to substantiate the same has been presented, and thus there is no basis for granting a decree of divorce in his favour.

The Court accordingly held that the husband had failed to prove the requisite animus deserendi and that the Family Court's rejection of the plea for dissolution of marriage did not warrant interference. The appeal was dismissed without costs.

Case Title: Akash Ghosh v. Smt. Pooja Seet [FA(MAT) No. 325 of 2024]

Click Here To Read/Download Order