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Divorce Decree Set Aside.
If a wife is forced to leave her matrimonial home due to harassment, it cannot be legally considered abandonment or 'desertion'. The husband's failure to care for his wife and child and his negligence in providing for their maintenance also falls under the category of cruelty, while minor quarrels in married life cannot be the basis for divorce. This judgment was delivered by the Jharkhand High Court in 'First Appeal Number Sixty-Five, Year Two Thousand Twenty-One'. The Division Bench of Hon'ble Justice Sujit Narayan Prasad and Hon'ble Justice Arun Kumar Rai pronounced this decision on December 18, 2025.
The Jharkhand High Court reversed a Family Court decision that had granted a divorce to a husband on the grounds of cruelty and desertion, ruling instead that the husband failed to substantiate his claims with credible evidence. The Court observed that the wife did not leave the matrimonial home voluntarily but was compelled to do so due to harassment and dowry demands, and further noted that the husband’s failure to maintain his wife and child and his refusal to take them back constituted cruelty on his part.