In a recent judgement, the Patna High Court has ruled that in cases where there is absolutely no adjustment between husband and wives and they do not want to sit and be together, the act of the parties can be considered as reciprocal cruelty by both and thus on this ground a Hindu marriage can be broken.
The Patna High Court cited Section 13(1)(i-a) of the Hindu Marriage Act, 1955, to support this decision. It also referenced a Calcutta High Court decision in the case of Sanjib Tarafdar Vs. Smt. Mausumi Tarafdar [2026:CHC-AS:1102-DJ], to reach this conclusion.
On the topic of permanent alimony, the Patna High Court noted that the husband earns Rs 85,000 per month. Based on the wife’s expenses and lifestyle needs, the court set permanent alimony at Rs 36.25 lakh and accordingly passed the order.
Want to learn more about what happened in this case and what lessons should husbands and wives take from this judgement? Keep reading.
How did this marriage fail?
Mrs Rao and her husband got married on January 23, 2013, in Patna, Bihar, by following traditional Hindu customs. On January 25, 2014, a son was born to them but soon after their relationship soured. She eventually packed her bags and left his house and did not come back.
Mr Rao (the husband) told the court that he wanted a divorce since she had failed to fit herself in her matrimonial home and went back to her parent’s house in Hajipur. He claimed he tried hard to bring her back but she refused to live with him and preferred to stay with her parents.
He also said that she was disrespectful to him and his family members. He claimed she wouldn’t work on their marriage and left without good reason.
She disagreed with the allegations of cruelty and desertion. She said she always wanted a normal married life. According to her, he and his family members didn’t give her a proper home and subjected her to physical and mental harassment.
She said several articles and gifts were given by her mother at the time of marriage, including a Maruti Swift car which his family kept.
She asked him to get a separate accommodation in Patna so that they could leave together peacefully, but he refused.
She also denied that she had voluntarily deserted him. According to her, on February 2, 2013, she went for a honeymoon to Delhi, following which she returned to Hajipur. She said this was not an act of desertion but what he wanted at that time.
On November 29, 2022, the Hajipur Family Court ruled that he had succeeded in proving cruelty and desertion grounds for divorce and, accordingly, allowed dissolution of the marriage.
However, she was unhappy with the family court’s judgement and appealed to the Patna High Court.
Patna High Court discussion
Hindu marriage can be broken on grounds of reciprocal cruelty
The Patna High Court asked Mr and Mrs Rao if they still wished to remain as husband and wife, to which they both answered in the negative.
She frankly told the Patna High Court that her marriage had failed and there was nothing remaining in the mental setup of both the parties to be united again as wife and husband. The husband’s lawyer also echoed similar views. Moreover, the husband had already married for the second time and had a kid from that marriage.
The Patna high Court said that they can’t pass a divorce decree on the grounds of irretrievable breakdown of marriage, but at the same time they were conscious of the fact that where there is absolutely no adjustment between the parties and they do not want to sit and stay as wife and husband, the act of the parties can be considered as reciprocal cruelty by both the parties.
The Patna High Court said: “On this ground, the marital tie between the parties can be severed on the ground of Section 13(1)(i-a) of the Hindu Marriage Act, 1955.”
She gets Rs 36.25 lakh permanent alimony
The Patna High Court observed that he earned a salary of about Rs 85,000 per month and so using the calculation method laid down by the Supreme Court judgement of Rajnesh Vs. Neha : (2021) 2 SCC 324, she was entitled to get a permanent alimony of one-third of the amount to be earned by him which came to Rs 36.25 lakh.
The Patna High Court ordered him to directly deposit the amount in two equal installments within three months from the date of passing of the order, in her savings account.