In a significant matrimonial ruling, the Rajasthan High Court allowed a wife’s appeal under Section 13 of the Hindu Marriage Act, 1955 and dissolved her marriage on the ground of mental cruelty, overturning the Family Court’s refusal to grant divorce.
The Court held that persistent non-payment of maintenance, repeated absence from court proceedings, and deliberate abandonment of matrimonial responsibilities constitute sustained mental cruelty. In a noteworthy observation, the Bench ruled that such conduct amounts to a “forfeiture of his right to contest the matter.”
Keyword: Mental cruelty under Section 13 Hindu Marriage Act
Tags: #RajasthanHighCourt #HinduMarriageAct #Section13 #MentalCruelty #MaintenanceDefault #FamilyLaw #DowryHarassment #DivorceLaw #DomesticViolenceAct #Section125CrPC
Brief Facts of the Case
The appellant-wife married the respondent on 29 June 2018 according to Hindu rites. She alleged that shortly after marriage, she was subjected to dowry-related harassment and both physical and mental cruelty.
After the birth of their daughter on 17 February 2021, the situation allegedly deteriorated. The wife contended that she was harassed for not bearing a male child and that the respondent’s family even expressed intentions of arranging a second marriage.
Subsequently:
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A criminal case was registered under Sections 498-A, 406, 323, and 34 IPC.
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Proceedings were initiated under Section 125 CrPC.
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Relief was sought under the Protection of Women from Domestic Violence Act, 2005.
Interim maintenance of ₹5,000 per month was directed by the court, but the respondent allegedly defaulted, resulting in recovery warrants.
Meanwhile, the respondent’s petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act was dismissed. However, the Family Court also dismissed the wife’s divorce petition, holding that cruelty was not proved. Aggrieved, she approached the High Court.
Appellant’s Contentions
Counsel for the appellant argued that the Family Court had failed to appreciate overwhelming evidence demonstrating continuous mental cruelty.
Key submissions included:
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Repeated non-appearance of the respondent in judicial proceedings.
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Deliberate non-compliance with maintenance orders.
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Prolonged financial neglect and indifference.
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Issuance of recovery warrants and ex-parte proceedings reflecting non-cooperation.
It was emphasized that the wife’s sworn testimony remained unshaken in cross-examination and that the cumulative effect of the respondent’s conduct squarely attracted Section 13(1)(i-a) of the Hindu Marriage Act.
Respondent’s Conduct
Although initially represented, the respondent disengaged his counsel and failed to contest the appeal. His earlier defence included denial of cruelty and pursuit of restitution of conjugal rights.
However, in the appellate stage and related proceedings, he failed to effectively defend himself, leading the High Court to proceed ex-parte.
Court’s Observations: Totality of Circumstances
The High Court undertook a holistic review and criticised the Family Court for assessing incidents in isolation.
Reaffirming settled jurisprudence, the Bench held that mental cruelty must be assessed on the “totality of circumstances.”
The Court noted:
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Years of non-payment of maintenance despite judicial orders.
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Repeated absence from court proceedings.
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Disregard of judicial directions.
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Sustained financial and emotional neglect.
The Bench observed that this was not a series of minor lapses but a continuous and calculated pattern of indifference.
Importantly, the Court held that the respondent’s abandonment of proceedings amounted to a “forfeiture of his right to contest the matter,” reflecting implied acquiescence to the appeal.
The Family Court was found to have committed a manifest error in appreciation of evidence by rejecting unimpeached and cogent testimony without sustainable legal reasoning.
Decision and Legal Significance
Allowing the appeal, the High Court:
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Set aside the judgment and decree dated 20.08.2024 passed by the Family Court, Pokaran.
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Granted a decree of divorce under Section 13 of the Hindu Marriage Act, 1955.
Emerging Ratio
The ruling clarifies that:
Persistent non-compliance with maintenance orders, repeated desertion of legal proceedings, and sustained neglect of matrimonial obligations collectively constitute mental cruelty sufficient to dissolve a marriage.
The judgment strengthens the jurisprudence that economic abandonment and procedural indifference are not mere technical defaults but forms of psychological cruelty capable of destroying the foundation of matrimonial life.
Broader Implications
This decision reinforces three important principles in matrimonial law:
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Maintenance Orders Must Be Respected: Financial neglect is a serious matrimonial wrong.
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Litigation Conduct Matters: Non-participation in proceedings can have substantive consequences.
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Cruelty Is Contextual: Courts must evaluate the cumulative impact of conduct rather than isolated incidents.
By recognising sustained neglect as mental cruelty, the Rajasthan High Court has reaffirmed that marriage carries legal responsibilities, and persistent disregard of those obligations can justify dissolution under law.
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