News Citation : 2026 LN (HC) 20
Bilaspur, 09 January 2026 : The High Court of Chhattisgarh has dissolved the marriage between two doctors after holding that the husband was subjected to mental cruelty by his wife, overturning a Family Court decision that had earlier refused to grant divorce.
A Division Bench comprising Justice Rajani Dubey and Justice Amitendra Kishore Prasad delivered the judgment on January 9, 2026, allowing an appeal filed by the husband against the dismissal of his divorce petition by the Family Court, Durg. The marriage, solemnised in July 2008 according to Hindu rites, has now been formally dissolved with effect from the date of the High Court’s judgment.
The case arose from an application filed under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, in which the husband alleged sustained mental cruelty. He cited repeated accusations of infidelity, public humiliation, violent incidents, and the wife’s persistent refusal to reconcile despite mediation efforts. The couple had been living separately since 2014, and their relationship deteriorated further amid mutual allegations involving third parties.
The wife, also a medical professional, denied all allegations and maintained that she was willing to continue the marriage. She accused the husband of neglect, secrecy, and maintaining an illicit relationship with another woman, claims that featured prominently both in her written statement and oral testimony before the courts.
While the Family Court had earlier concluded that neither cruelty nor desertion was proved, the High Court took a different view on appeal. After closely examining pleadings, cross-examination, and witness testimony, the Bench held that the wife had levelled serious and reckless allegations against the husband without sufficient proof. Relying on settled Supreme Court precedents, the Court observed that unfounded accusations touching upon a spouse’s character and fidelity constitute mental cruelty under matrimonial law.
However, the High Court upheld the Family Court’s finding on desertion, noting that evidence showed the parties had met and spent time together as recently as 2019, which legally defeated the plea of continuous desertion for the required statutory period.
Balancing the equities after granting divorce, the Court addressed the issue of permanent alimony. Taking into account that both parties are doctors and gainfully employed, and that their minor daughter resides with the mother, the Bench directed the husband to pay a one-time permanent alimony of ₹25 lakh. The amount is to be paid within six months and will serve as a full and final settlement to avoid future litigation between the parties.
With this order, the High Court brought a long-running matrimonial dispute to a close, reaffirming that mental cruelty includes serious, unsubstantiated allegations that make continuation of marital life untenable.
Case Reference : FA(MAT) No. 91 of 2024, Dr. Dinesh Patel v. Dr. Mala Chaudhary; for the appellant: Mr. T.K. Jha with Mr. Vivek Kumar Agrawal, Advocates; for the respondent: Mr. Rahul Tamaskar, Advocate.
