Chhattisgarh HC Upholds Divorce Over Concealment Of Reproductive Health Issue By Wife

The Chhattisgarh High Court recently upheld a family court decree dissolving a marriage after accepting a man’s claim that his wife had concealed a reproductive health issue before marriage, causing mental distress and leading to the breakdown of their relationship.

A division bench of Justice Rajani Dubey and Justice Amitendra Kishore Prasad dismissed an appeal filed by the woman, challenging a March 16, 2022 judgment from the family court in Kawardha, which had granted the husband a divorce on the grounds of cruelty under a relevant section of the Hindu Marriage Act, 1955.

The couple married on June 5, 2015, in Khairagarh as per Hindu rituals. The man later approached the family court, alleging that medical examinations after marriage revealed

his wife had not had menstrual cycles for several years and faced difficulties conceiving. He claimed this information had been withheld before marriage, causing him significant mental distress upon discovery.

In his petition, he said he had entered the marriage with the expectation of having children and that the concealment undermined the marital bond. He alleged that disputes over the issue led to frequent quarrels, his wife misbehaved with his parents, and the matrimonial atmosphere became hostile.

Following his father’s death in September 2016, the man stated that his wife left the matrimonial home and did not return, resulting in a prolonged separation. He said she opposed the divorce petition, denying any concealment of a medical condition.

She stressed that any reproductive difficulties were temporary and treatable, with doctors prescribing medication and yoga. She also expressed her willingness to continue the marriage and claimed that she had been subjected to cruelty in the matrimonial home, being taunted as “barren” by her husband and in-laws.

The family court framed four issues and recorded evidence from both parties. The man presented medical documents related to gynaecological examinations and fertility tests. The woman said she had not provided any medical certificate to show she could conceive, despite stating her condition had improved with treatment.

The family court concluded that the man had established cruelty and granted a divorce decree, emphasising the concealment of a material fact prior to marriage and the mental suffering it caused him. The woman challenged the decree before the high court, arguing that the family court had erred in treating the alleged medical condition as cruelty. She contended that infertility or difficulty in conceiving could not be grounds for divorce and that no doctor had been examined to conclusively prove permanent incapacity. She also claimed her allegations of cruelty were not properly considered.

The court, however, declined to interfere noting that the family court had “minutely appreciated” both oral and documentary evidence and that the findings were based on material on record. The bench found no illegality or perversity in the judgment warranting appellate interference and clarified that the decree was based on the wife’s overall conduct, as pleaded and proved before the trial court.

While affirming the dissolution of the marriage, the HC also addressed the issue of permanent alimony. Considering the facts and circumstances of the case and the socioeconomic status of the parties, the court directed the man to pay Rs 5 lakh to the wife as a one-time permanent alimony. The amount would cover all present and future claims of the wife against the husband and must be paid within four months.