4 min readNew DelhiAug 13, 2026 04:58 AM IST
First published on: Aug 12, 2026 at 05:22 PM IST
The Jharkhand High Court recently dismissed a man’s request for divorce, asserting that his allegations of cruelty, including claims that his wife locked the bathroom and disconnected the water supply, and did not allow him to keep a cow in the house, were not sufficient grounds to dissolve a 35-year-old marriage.
Justices Sujit Narayan Prasad and Sanjay Prasad said what may amount to cruelty in one marriage may not necessarily amount to cruelty in another, and each case has to be considered on its own facts. The couple had lived together for 31 years, until in 2020, the woman allegedly threw her 58-year-old husband out.
“Though the petitioner during his evidence on affidavit stated that his wife tortured him on several time by locking door of toilet (lavatory) and sometimes by disconnecting water connection of the bathroom and that she did not allow him to keep cow in the house, but it is considered view of this court that these alleged specific acts and conduct are not of such nature as to dissolve long marital relationship of almost 35 years,” the August 6 order read.
The man said they were married in 1989 according to Hindu customs and ceremonies, and lived together in his house for 31 years “in a very cordial environment”. They also had three children. However, after June 2020, her behaviour suddenly changed, and she kicked him out of his own house, he said, adding that he had been renting a house since.
He said his wife had filed a case for maintenance and wanted to end the marriage. Seeking divorce, he cited cruelty and desertion.
Justices Sujit Narayan Prasad and Sanjay Prasad noted that the couple had lived together peacefully for 31 years and that in 2020 the wife allegedly threw the 58-year-old out of his house.
The family court dismissed his divorce plea in 2024. He then approached the Jharkhand High Court, which sent the couple to mediation, but this too failed.
Representing the husband, lawyer Jitesh Kumar argued that the family court had passed the judgment against the facts and circumstances and was “unsustainable”. He said the family court had failed to appreciate evidence that the man had been subjected to cruelty by his wife in various ways and that the marriage had broken down beyond reconciliation.
‘Cruelty embitters relationship’
The high court noted the man’s claim that his wife’s behaviour, which included not letting him keep cows, made him believe that it would be “dangerous and injurious” for him to live with her.
There is no fixed definition of “cruelty” in a marriage, the court said. Whether an act amounts to cruelty depends on the circumstances of each case, including the couple’s way of life, social background, relationship and individual temperaments, it observed.
It also said cruelty in a marriage can include a lack of mutual respect and understanding, which can gradually “embitter” the relationship. It may sometimes involve violence, but it can also take the form of a particular attitude or behaviour. “Harm or injury to health, reputation, the working career, or the like, would be important considerations in determining whether the conduct of the defending spouse amounts to cruelty,” the court added.
On the husband citing desertion, the court said this would require more than simply living separately. There must also be an intention to permanently end the marital relationship. If a spouse leaves in a state of anger or disgust, without intending to permanently end the relationship, it would not amount to desertion, the court said.
The Jharkhand High Court explained that there is no fixed definition of “cruelty” in a marriage and may vary case to case. (AI-generated image) 
Justices Sujit Narayan Prasad and Sanjay Prasad noted that the couple had lived together peacefully for 31 years and that in 2020 the wife allegedly threw the 58-year-old out of his house.
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