Not-Observing ‘Parda’ Cannot Be Grounds for Divorce: Rules The Allahabad High Court

The court emphasised that differences in lifestyle choices, including a wife’s decision not to observe ‘parda,’ cannot be considered acts of mental cruelty warranting divorce.

January 1, 2025: The Allahabad High Court has rejected a husband’s plea for divorce on the grounds of mental cruelty, stating that his wife’s decision not to observe ‘parda’ (veil) does not constitute valid grounds for dissolution of marriage.

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A bench comprising Justices Saumitra Dayal Singh and Donadi Ramesh ruled that an individual’s personal choices, such as being independent, traveling alone, or socializing in public spaces without forming any immoral relationships, cannot be interpreted as acts of mental cruelty.

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“The act of the wife being free-willed, traveling on her own, or interacting with members of society without engaging in any illegal or immoral behavior cannot be described as cruelty,” the bench observed.

Key Observations by the Court:

• The court emphasized that differences in perception towards life are common in marriages and cannot automatically be considered acts of cruelty.
• Allegations of immoral relationships made by the husband lacked substantial evidence and were therefore dismissed by the court.
• The bench noted that while the wife did refuse cohabitation and did not make efforts for restitution of conjugal rights, this act amounted to desertion, which provided valid grounds for divorce.

Desertion as Grounds for Divorce:

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While dismissing claims of mental cruelty, the court acknowledged that the wife’s prolonged refusal to cohabit with her husband and her lack of effort to reconcile could be recognized as desertion.

The court stated, “The wilful act of the wife and her refusal to cohabit with the appellant-husband to revive her matrimonial relationship appears to be an act of desertion committed to a degree that may itself lead to the dissolution of marriage.”

Final Verdict:

• The court allowed the plea for dissolution of marriage on the grounds of desertion.
• It noted that both parties are financially independent, with the husband being an engineer and the wife employed as a government teacher.
• With their child now an adult, the court found no need to provide provisions for permanent alimony.

This judgment underscores the importance of evidence and clarity in matrimonial disputes and sets a precedent that lifestyle choices and differences in perception cannot be treated as cruelty under marriage laws.

Tags: Divorce Case, Allahabad High Court, Mental Cruelty, Parda Observance, Family Law, Matrimonial Dispute, Legal Verdict, Indian Judiciary