Wife Left Daughter With Father At 7 Months, Did Not Accompany Her For Cancer Treatment: Jharkhand HC Upholds Divorce

The parties married on 23 November 2008 and had a daughter. The husband sought divorce alleging cruelty and desertion; the wife denied the allegations in general terms. The Family Court granted divorce under Sections 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act, 1955, and directed payment of interim maintenance of ₹10,000 per month.

The wife appealed under Section 19(1) of the Family Courts Act, 1984. In the appeal, the High Court also considered the parties’ unsuccessful attempts to agree on permanent alimony.

Section 13(1)(i-a) of the Hindu Marriage Act, 1955 permits divorce on proof of cruelty, and Section 13(1)(i-b) permits divorce where a spouse has deserted the petitioner for a continuous period of at least two years immediately preceding the petition.

Under Order VIII Rules 3–5 of the Code of Civil Procedure, specific denials are required; evasive denials do not constitute proper denials, and facts not specifically denied may be treated as admitted.

In considering maintenance, the Court referred to Rajnesh v. Neha, (2021) 2 SCC 324, and the parties’ affidavits.

The wife’s written statement responded to the pleaded allegations with general and evasive language, which the Court treated as no denial under Order VIII Rules 3–5 CPC; it nevertheless considered the evidence.

The husband’s testimony remained unshaken in cross-examination, and the wife’s evidence did not meaningfully dispute the allegations. The Court regarded her departure when the daughter was seven months old, her subsequent lack of contact, and her failure to care for the daughter during the child’s cancer treatment as supporting cruelty.

The wife’s own cross-examination statement that she left for her parental home when the daughter was seven months old and had no contact with her husband thereafter supported the finding of desertion.

The Court also considered the wife’s admission that an FIR under Section 498-A IPC was registered after the divorce proceedings commenced, in circumstances where her written statement did not plead cruelty or dowry demands.

On maintenance, having considered the affidavits and Rajnesh v. Neha, the Court increased the monthly amount.

The monthly maintenance was enhanced from ₹10,000 to ₹15,000, subject to either party seeking modification before a competent court upon changed circumstances.

No order as to costs was made, and pending interlocutory applications were disposed of.