HM Act 13 - Divorce Granted to Husband Archives - Page 5 of 5

Read this Judgment for Hon’ble Punjab and Haryana High Court granting divorce on the grounds of cruelty and desertion.

Further, her complaint under sections 498A, 406, 506 IPC against the appellant and his family members was dismissed. Even appeal against the aforesaid order was also dismissed. Her complaint under sections 494/109 IPC remained unsuccessful. The trial court thus was not right in dismissing the petition filed by the appellant husband.

It has been authoritatively held by the Apex Court in K. Srinivas Rao’s case (supra) and a Division Bench of this Court in Imlesh v. Amit, AIR 2014 Punjab and Haryana 89 that where the wife files false criminal complaint against the husband and his family members under Sections 406, 498A of the Indian Penal Code which results in their acquittal, this act of the wife causes mental cruelty and the husband is entitled to a decree of divorce under Section 13(1)(ia) of the Act.

Pratham Singh vs Rajesh on 3 December, 2014

Read the other judgments cited in this order here.

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Here is the listing of divorce grant judgments on various grounds as per the Hindu Marriage Act, 1955

NOTE: This will be a running document, meaning, it will be frequently updated with judgments as and when I find them.

Supreme Court Judgments

Bipin Chander Jaisinghbhai Shah Vs Prabhawati on 19 Oct 1956 [Definition of Desertion]
Dr.N.G.Dastane Vs. Mrs.S.Dastane (1975) 2 SCC 326
Sureshta Devi Vs Om Prakash on 7 February, 1991 [MCD set-aside as consent was obtained fraudulently]
V. Bhagat vs D. Bhagat on 19 November, 1993 [contours of “mental cruelty” defined such that parties cannot reasonably be expected to live together]
Savitri Pandey Vs Prem Chandra Pandey on 8 Jan 2002 [Cruelty defined; Recommended a Time limit of 90 days to file appeal against judgments in cases under HMA resulting in amendment: Act 50 of 2003 The Marriage Laws (Amendment) Act, 2003 on 2003-10-23, whereby Time limit to file appeal against judgments of FC is increased from 30 days to 90 days, passed under HMA and SMA only]
Vijay Kumar Ramachandra Bhate Vs Neela Vijay Kumar Bhate on 16 April, 2003 [Divorce set-aside for Mental Cruelty and character assassination of husband reasons]
Naveen Kohli Vs Neelu Kohli on 21 March, 2006
Samar Ghosh vs Jaya Ghosh on 26 March, 2007 [deprived of each other’s company and denial of conjugal relationship by the other spouse, with no effort by the respondent/wife to resume matrimonial relationship, is an act of cruelty]
Hitesh Bhatnagar Vs Deepa Bhatnagar on 18 Apr 2011 [Mutual consent must continue till decree under Section 13B of the Hindu Marriage Act and either party can withdraw consent before divorce is granted.]
Pankaj Mahajan vs Dimple @ Kajal on 30 September, 2011 [constantly giving threats of suicide is cruelty]
Vishwanath Vs Sau. Sarla Vishwanath Agrawal on 4 July, 2012
U.Sree Vs U.Srinivas on 11 December, 2012 [False and baseless allegation cause mental cruelty]
K. Srinivas Rao vs D.A. Deepa on 22 February, 2013
Vidhya Viswanathan vs Kartik Balakrishnan on 22 September, 2014
K. Srinivas Vs K. Sunita on 19 November, 2014 [filing of the false complaint against the husband and his family members ‘regarding unsubstantiated allegations of dowry demand’ also constitutes mental cruelty for the purpose of Section 13 (1) (ia) of the Hindu Marriage Act]
Narendra Vs K.Meena on 6 October, 2016 [Separating husband from Parents is ground]
Amardeep Singh Vs Harveen Kaur on 12 Sep 2017 [Guidelines to waive off cooling period of 6 months in MCD cases; The statutory period (of 6 months – 18 months) contemplated under Section 13-B(2) of the Act is directory and that it is open to the Court to exercise discretion]
Harjinder Singh Vs Rajpal on 17 January, 2018 [MCD with 22 lakhs settlement]
Rani Narasimha Sastry Vs Rani Suneela Rani on 19 November, 2019 [Filing false cases solid ground for Divorce on the ground of Cruelty]
Mangayarkarasi Vs M Yuvraj on 03 March 2020 []
Amit Kumar Vs Suman Beniwal on 11 Dec 2021 [Further Guidelines to waive off cooling period of 6 months in MCD cases]
N.Rajendran Vs S.Valli on 03 Feb 2022 [Dead Marriage dissolved under power of Article 142 of the Constitution]
Shilpa Sailesh Vs Varun Sreenivasan on 01 May 2023 [Landmark Judgment on Dead Marriages]
Roopa Soni Vs Kamal Narayan Soni on 06 Sep 2023 [Landmark Judgment on Dead Marriages]
Kiran Jyot Maini Vs Anish Pramod Patel on 15 Jul 2024 [Interim Maintenance granted in DVC; Marriage terminated under Article 142; Alimony of 2 Crore granted]
Vishal Shah Vs Monalisha Gupta and Ors on 20 Feb 2025 [SC: Landmark Judgment on Dead Marriages, since the couple lived together only for 80 days and have lived separately since, multiple litigations against each other and no child, the marriage is dead; Rs.25 Lakhs alimony granted]
Vibhor Garg Vs Neha on 14 Jul 2025 [Electronic recording is evidence and no violation of right to privacy]
Pradeep Bhardwaj Vs Priya on 15 July 2025 [ Divorce granted under Article 142 citing irretrievable breakdown after 16 years of separation and enhanced maintenance]
Vishnu Dutt Sharma Vs Manju Sharma on 27 Feb 2009
Ann Saurabh Dutt Vs Lieutenant Colonel Saurabh Iqbal Bahadur Dutt on 12 May 2026 [SC : A wife pursuing her career and prioritising her child’s welfare cannot be accused of cruelty or desertion.]

Andhra Pradesh High Court

Jelakara Chandra Sekhar Vs Nil on 16 Jun 2022 [MCD within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship u/s 14 HMA]

Allahabad High Court

Layak Singh Vs Ekta Kumari on 21 Mar 2024 [MCD within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship u/s 14 HMA]

Bombay High Court

Devendra Vs Trupti Devendra on 27 Sep 2022 [Seeking maintenance for daughter after MCD]
Sneha Akshay Garg and Anr Vs Nil on 25 Jul 2024 [Waiting of cooling off period; if conditions in Amardeep Singh Vs Harveen Kaur on 12 Sep 2017 are met]

Calcutta High Court

Subhash Chandra Das Chowdhury Vs Sandhya Das Chowdhury on 18 July 2008

Chhattisgarh High Court

Resham Lal Dewangan Vs Suman Dewangan on 09 May 2025 [Once a divorce decree is granted on the ground that wife is living in adultery then, wife suffers from the disqualification to claim maintenance from her ex-husband]

Delhi High Court

Jiten Bhalla Vs Gaytri Bajaj on 08 Sep 2008 [MCD obtained; 3 years later disputed]
Shalu Ojha Vs Prashant Ojha on 28 Ferbuary, 2019 [Divorce set-aside]
Kulvinder Singh Gehlot Vs Parmila on 22 Aug 2023 [Long continuous separation; false allegations;Irretrievable Breakdown of Marriage]
Mamta Vs Pradeep Kumar on 05 Sep 2023 [Irretrievable Breakdown of Marriage]
Pallavi Mohan Vs Raghu Menon on 12 Sep 2023 [Time limit to file appeal against judgments of FC is increased from 30 days to 90 days, passed under HMA and SMA only. For any other cases like Maintenance cases u/s 125 Cr.P.C. the time limit is 30 days only because Parliament did not amend the FC Act yet!]
Deepti Vs Anil Kumar on 19 Sep 2023 [Family Courts cannot grant divorce on ground of Irretrievable Breakdown of Marriage]
Gaurav Nighawan Vs Shweta on 05 Jan 2024 [Cruelty not established but desertion is implicitly established]
Payal Sethi Vs Rohit Sethi on 09 Jan 2024 [repeated threats to commit suicide and the attempt to commit suicide was held to be an action amounting to cruelty; relies on decisions of Apex Court in Mangayarkarasi, K Srinivas, Pankaj Mahajan]
Nikhil Wadhawan Vs Priti Wadhawan on 05 Feb 2024 [Unwarranted interference of the parents and the family members of the respondent in the matrimonial life of the appellant]
Kanwal Kishore Girdhar Vs Seema Girdhar on 28 Feb 2024 [Alleging false adultery and igniting animosity in children towards father is cruelty, valid ground for divorce]
Pramod Vs Umesh at Poonam on 01 Mar 2024 [False and baseless allegation cause mental cruelty]
Shivi Bansal Vs Gaurav Bansal on 16 Jul 2024 [Impleadment of Paramour is not necessary to decide divorce petition on adultery ground]

Jharkhand High Court

Dr. Pankaj Kumar Vs Prerna on 16 Dec 2020 [Time limit to file appeal against judgments in cases under HMA, SMA is 90 days but not 30 days as prescribed under FC Act]

Karnataka High Court

Divya Ganesh Nallur Vs Ganesh Nallur Shivu on 08 Jun 2023 (MCD after settlement)
Sushil Daddimani and Anr Vs Nil on 27 Mar 2024 [MCD within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship u/s 14 HMA]
H P Komala Vs N Ravikumar on 29 Jul 2024 (Stay of divorce proceedings until arrears of interim maintenance is paid)

Kerala High Court

Vishnudas H. and Anr Vs Nil on 27 Jul 2020 [MCD within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship u/s 14 HMA]
Arun K.R Vs Arunima T.S on 24 Mar 2025 [Husband Doesn’t Show Interest In Sex, Prefers Only Spiritual Pursuits]
Anup Disalva and Anr Vs Union of India on 09 Dec 2022 [Cooling off period is optional]
Emilda Varghese @ Rajani Vs Varghese P Kuriakose on 6 Oct 2025 [Divorce upheld on cruelty ground]

Madras High Court

R.Natarajan Vs. Sujatha Vasudevan on August 29, 2011
V.Rajesh Vs S.Anupriya on 04 Jun 2025 [Unestablished allegations of sexual harassment is cruelty]
Shivkarthik G.S and Anr Vs Nil on 04 Sep 2025 [Waiving of cooling off period in a Christian Divorce by Mutual consent]

Madhya Pradesh High Court

Smt. Sangita Nigam Vs Saurabh Nigam on 22 November, 2017 (Also Desertion ground)
Aarti Vs Kishan Meena on 22 Aug 2024 (Cruelty and Desertion grounds)
Anjali Sharma Vs Raman Upadhyay on 16 Jun 2025 [Illegally obtained WhatsApp chat is admissible as evidence in a Family Court]

Patna High Court

Rekha Devi Vs Mahesh Kumar on 16 January, 2018
Sanjay Kumar Shaw Vs Anjali Kumari Shaw on 07 Apr 2025 [No evidence for mental disorder (schizophrenia) so divorce denied]

Punjab and Haryana High Court

Shashi Vs Sunny Bhumbla on 9 January, 2012 (MCD with 1.25 lakhs settlement)
Pratham Singh vs Rajesh on 3 December, 2014 (Also Desertion ground)
Jagbir Singh vs Nisha on 11 March, 2015

Telangana High Court

Dandamudi Phani Krishna Vs Boyapati Lakshmi Aparna on 22 Mar 2024 [MCD within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship u/s 14 HMA]
Mudireddy Divya Vs Sulkti Sivarama Reddy on 26 Mar 2025 [Evidence for Divorce in first Marriage, impleadment of a co-respondent, Desertion and status of previous marriage]

MASTER SITEMAP here.

Frequently Asked Questions (FAQs) – Divorce Law in India

The Hindu Marriage Act, 1955 (Section 13) provides several grounds for divorce, including:

Cruelty (mental or physical)
Desertion for a continuous period
Adultery
Mental disorder
Conversion to another religion
Venereal disease
Renunciation of the world
Presumption of death

Many judicial decisions interpret these grounds and clarify what conduct qualifies as cruelty or desertion.

Mental cruelty refers to conduct that causes severe emotional suffering or mental distress to a spouse, making it impossible to continue marital life. Courts have held that false criminal complaints, humiliation, threats, or persistent harassment can constitute mental cruelty.

Desertion occurs when one spouse abandons the other without reasonable cause and without consent, with the intention of ending marital cohabitation. Courts evaluate both physical separation and intention to desert while deciding such cases.

Divorce by mutual consent under Section 13-B of the Hindu Marriage Act allows spouses to dissolve their marriage by agreement. Both parties must jointly state that they have been living separately and cannot live together anymore.

The Supreme Court has clarified that the six-month cooling-off period under Section 13-B(2) is not mandatory and can be waived by courts if the marriage has irretrievably broken down and reconciliation is not possible.

The Supreme Court of India, using its powers under Article 142 of the Constitution, can dissolve a marriage when it finds that the relationship has irretrievably broken down and there is no possibility of reconciliation.

However, ordinary family courts cannot grant divorce solely on this ground unless recognised under law

Yes. Courts have repeatedly held that false accusations of adultery, dowry harassment, or criminal misconduct against a spouse may amount to mental cruelty, which is a valid ground for divorce.

Yes. Judicial decisions have held that continuous threats or attempts of suicide by a spouse can amount to mental cruelty, as it causes severe emotional distress and makes matrimonial life intolerable.

Under Section 14 of the Hindu Marriage Act, a divorce petition cannot ordinarily be filed within one year of marriage. However, courts may allow it earlier if there are exceptional circumstances or extreme hardship.

Yes. Courts may grant permanent alimony or maintenance under Section 25 of the Hindu Marriage Act depending on factors such as income, financial condition, and needs of the spouse.

Courts have increasingly accepted electronic evidence such as recordings, messages, and digital communications if they are relevant and admissible under the Indian Evidence Act.

Yes. A divorce decree can be challenged by filing an appeal before a higher court within the statutory time limit. Courts can set aside divorce orders if they find procedural errors, fraud, or lack of evidence.

Shades of Knife

True Colors of a Vile Wife

Tag: HM Act 13 – Divorce Granted to Husband

Pratham Singh vs Rajesh on 3 December, 2014

Frequently Asked Questions (FAQs) – Divorce Law in India

1. What are the common grounds for divorce under the Hindu Marriage Act, 1955?+

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2. What is “mental cruelty” in divorce cases?+

3. What is desertion in matrimonial law?+

4. What is divorce by mutual consent?+

5. Is the six-month cooling-off period mandatory in mutual consent divorce?+

6. Can courts grant divorce on the ground of irretrievable breakdown of marriage?+

7. Can false allegations against a spouse be grounds for divorce?+

8. Can repeated threats of suicide be treated as cruelty?+

9. Can a divorce petition be filed within one year of marriage?+

10. Can a spouse claim maintenance after divorce?+

11. Can evidence like electronic recordings or messages be used in divorce cases?+

12. Can a divorce decree be challenged or set aside?+