Quarrels Are Mutual, Not Grounds for Divorce: Calcutta High Court
In a recent judgment, the Calcutta High Court held that a marital "quarrel," involving both spouses, cannot independently constitute a ground for divorce based on cruelty. This decision, delivered by a bench comprising Justice Sabyasachi Bhattacharyya and Justice Uday Kumar in the case of Pankaj Mukherjee vs. Rina Mukherjee, emphasizes the necessity of distinguishing between mutual disagreements and legally actionable cruelty in matrimonial disputes.
Background
The appellant-husband filed for divorce on grounds of cruelty, alleging various incidents of misconduct by the respondent-wife. He relied primarily on an undated undertaking purportedly signed by the wife, which he argued was an admission of her cruelty. The trial court dismissed the petition, prompting the present appeal.
Key Observations
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The High Court scrutinized the evidence presented, including the alleged undertaking by the wife. The court found the document unreliable due to the absence of corroborating signatures and inconsistencies in the husband’s testimony. The wife claimed her signature was obtained forcibly on blank papers, which she promptly reported to the police.
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The court noted that quarrels are inherent to marital relationships and, by definition, involve contributions from both parties. Testimony from a neighbor corroborated the occurrence of disputes between the spouses but failed to establish that the wife’s conduct amounted to cruelty.
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While addressing the trial court's observation requiring proof “beyond a reasonable shadow of doubt,” the High Court clarified that matrimonial cases are adjudicated on the standard of a preponderance of probabilities. Despite this correction, the bench upheld the lower court’s dismissal of the petition, emphasizing that the evidence failed to substantiate allegations of cruelty.
The court dismissed the appeal, affirming that mere altercations or disagreements, without clear evidence of one-sided cruelty, cannot justify the dissolution of marriage under the grounds of cruelty. The judgment reflects a balanced approach, recognizing the complexity of marital dynamics and the need for concrete proof to attribute blame solely to one party.
Cause Title: Pankaj Mukherjee Vs. Rina Mukherjee nee Biswas
Case No: FA 53 of 2020
Date: December-19-2024
Bench: Justice Sabyasachi Bhattacharyya, Justice Uday Kumar
[Read/Download order]
