Jharkhand HC rejects divorce plea, ruling husband failed to prove cruelty under Hindu Marriage Act

News Citation : 2026 LN (HC) 307 | 2026:JHHC:12132-DB

April 24, 2026 : The Jharkhand High Court has dismissed a husband’s appeal seeking divorce on the ground of cruelty, holding that he failed to establish his claims with credible evidence. The division bench of Justice Sujit Narayan Prasad and Justice Sanjay Prasad affirmed the earlier decision of the Family Court in Chatra, which had rejected the plea for dissolution of marriage under Section 13(1)(i-a) of the Hindu Marriage Act.

The case arose from a marriage solemnised in December 2020 between Abhishek Kumar Pathak and Asha Pathak. The husband alleged that his wife subjected him and his family to mental cruelty, including frequent quarrels, abuse, and pressure to sell ancestral property and purchase a flat in Hazaribagh. He further claimed that she demanded ₹12 lakh in exchange for agreeing to divorce and later failed to honour the agreement.

According to the husband, despite paying the amount and entering into agreements, the wife neither filed for divorce nor returned money or jewellery. He also alleged that she terminated a pregnancy without informing him and refused to resume matrimonial life.

The wife, however, denied all allegations. She maintained that she was subjected to ill-treatment by her husband and in-laws and that the claims of payment and agreements were fabricated. She asserted that she never sought divorce, had not received any money, and was willing to continue the marriage. She also contended that her signatures on certain documents were obtained under pressure or were forged.

The High Court closely examined the evidence presented by both sides, including witness testimonies and documents. It noted that several witnesses produced by the husband admitted during cross-examination that they had not personally witnessed any acts of cruelty. The Court also found inconsistencies in the husband’s claims, particularly regarding the alleged payment of ₹12 lakh, as no supporting legal action for recovery was ever initiated.

The bench further observed that the alleged agreements between the parties did not inspire confidence, especially since a subsequent agreement made no reference to any prior payment. The Court also took note of the wife’s explanation that her consent during mediation proceedings was not voluntary and that she later expressed willingness to continue the marital relationship.

On the legal standard of cruelty, the Court reiterated that it must be serious and substantiated conduct that makes cohabitation unsafe or unreasonable. Mere allegations, unsupported by convincing evidence, do not meet this threshold.

After evaluating the material on record, the Court concluded that the husband had failed to prove cruelty even on a preponderance of probabilities. It also rejected the argument that the Family Court’s findings were perverse, stating that the lower court had properly appreciated the evidence.

Finding no merit in the appeal, the High Court dismissed it and upheld the Family Court’s judgment refusing divorce.

Case Reference : First Appeal No. 102 of 2026, Abhishek Kumar Pathak vs Asha Pathak — For the Appellant: Mr. Anjani Kr. Verma, Advocate; Mr. Shiv Prasad, Advocate; Mr. Arvind Prakash Malakar, Advocate; For the Respondent: Mr. Vijay Kumar Sharma, Advocate; Ms. Kumari Poonam Verma, Advocate.