The Tripura High Court has set aside a decree of divorce granted by the Family Court, Dharmanagar, holding that the husband failed to establish that his wife had treated him with cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

The Court remarked that the Family Court had relied on assumptions and circumstances which could not constitute a valid ground for divorce.

Division Bench comprising Chief Justice M.S. Ramachandra Rao and Justice Biswajit Palit observed that: “The submission ... that the appellant-wife was staying separately cannot, by itself, be treated as a valid ground for cruelty. In the normal course of matrimonial life also, a woman having a minor son may naturally prefer to visit and stay at her parents' house, particularly in the absence of her husband.”

Background:

The parties got married on February 3, 2017, and had a son from the marriage. The husband, an Indian Army personnel, alleged that his wife frequently stayed at her parental home, quarrelled with him and his family, and made allegations against him before his commanding officer. He consequently filed a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955, alleging cruelty.

The wife contested the petition, alleging dowry-related harassment and stating that she had approached the authorities for maintenance and residential rights. The Family Court granted divorce in favour of the husband, prompting the wife to challenge the decree before the Tripura High Court.

The High Court held that the husband failed to prove that the wife had treated him with cruelty. The independent witnesses did not support his allegations, while the evidence of his parents was also insufficient to establish cruelty.

The Court further observed that the wife's separate residence, particularly while the husband was away on Army postings, could not by itself constitute cruelty. It also held that filing a domestic violence case could not be treated as an act of cruelty, and found the Family Court's approach in this regard unsustainable.

Accordingly, the High Court set aside the Family Court's decree of divorce, holding that the husband had failed to discharge the burden of establishing cruelty.

Case Name: Smti.Bijaya Sinha v/s Shri.Arun Kanti Sinha

Case No.: MAT App No.24 of 2025

Date of Decision: 24.09.2026

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