The Rajasthan High Court has ruled that a husband who abandons his wife and fails to maintain her loses the moral and legal standing to oppose her petition for dissolution of marriage on the ground of cruelty. The Court observed that such conduct — desertion coupled with default in meeting maintenance obligations — can itself constitute mental cruelty and justify divorce.
Background
In the case before it, the wife filed for divorce alleging cruelty, citing persistent neglect and refusal by her husband to provide maintenance. Although a maintenance order had been passed in her favour, the husband repeatedly defaulted in payment and had effectively abandoned the marital relationship.
Court’s Reasoning
The Bench held that desertion and non-payment of maintenance reflect callous disregard for the wife’s dignity and well-being.
A spouse who leaves the marital home and refuses to support the other undermines the foundation of the marital bond; such behavior can be equated to mental cruelty under matrimonial law.
The Court further noted that a party who wilfully neglects statutory and judicially directed maintenance cannot, in good conscience, be permitted to contend that the marriage should be preserved.
Outcome
Having established that the husband’s conduct amounted to cruelty and abandonment, the High Court upheld the dissolution of marriage in favour of the wife.
Significance
This decision reinforces that failure to support a spouse financially and emotionally — particularly in the face of clear judicial maintenance orders — can be treated as a form of cruelty, weakening the defaulting spouse’s legal position in resisting divorce. It underscores that maintenance obligations are not merely procedural, but integral to the duty of marital support, and breach of these duties can justify the dissolution of marriage.
