Depriving spouse access to Facebook, Instagram may constitute cruelty in marriage: Telangana HC

The Telangana High Court has redefined what constitute cruelty in marriage, stating that any action by one spouse that harms the reputation, social standing, or work prospects of the other qualifies as cruelty. Additionally, the court mentioned that preventing a spouse from being active on social media platforms such as Facebook and Instagram may also be considered as cruelty.

A division bench, consisting of Justice Moushumi Bhattacharya and Justice MG Priyadarshini, made these remarks while allowing an appeal filed by a husband seeking a divorce under the Hindu Marriage Act (HMA). The appeal was lodged following the dismissal of the husband’s divorce petition by the Principal Senior Civil Judge at Mahabubnagar on November 2, 2021.

The Court reversed the previous decision and granted a divorce based on grounds of cruelty and desertion. The court emphasized that marriage should not be enforced upon individuals, and its role should not coerce parties into remaining in a loveless marriage. The judgment stated, “The Court has a limited role in the whole affair and should not act as an executioner or a counselor to compel the parties to continue living as wife and husband, particularly where the meeting of minds between them has become irrevocably ended.”

Background and Legal Proceedings

The husband and wife got married on December 1, 2010, following Hindu customs. However, marital problems led the wife to leave the matrimonial home on November 1, 2011, just two months after their child was born. The wife filed a complaint on July 11, 2012, and the husband’s family obtained anticipatory bail on August 25, 2012. Although the husband initially filed for divorce in 2012, he did not pursue the case. Later, the wife filed five criminal cases against him, including allegations under Section 498-A of the Indian Penal Code. Despite a brief reunion in May 2015, the wife continued to file criminal complaints.

In November 2021, the Trial Court dismissed the husband’s divorce petition, stating that he had failed to prove cruelty. The husband appealed to the High Court, arguing that the repeated criminal cases by his wife constituted both physical and mental cruelty. He also claimed desertion, as she left the matrimonial home in 2011 and briefly returned in 2015 before filing more cases.

The High Court found that the wife’s actions constituted mental cruelty, exacerbated by the husband’s loss of employment and prolonged separation since 2011. The court stated, “Marriage is much more than an exchange of vows or a single ceremony. It requires building of a shared home brick-by- brick cemented by a continuing wish to live a life together. Every marriage has a core and a foundation holding the union of two persons together. The bedrock of the union disintegrates when the married persons intend to break away from the union. It would be unnatural to reject a petition for divorce where the evidence led by both the parties show that the core of the marriage has crumbled beyond restoration.”

“What is evident from the decisions cited is that cruelty is just one of the splinters of a collapsing structure where the substratum of the marriage has broken down in a way in which the structure cannot be preserved or re-built. Cruelty, desertion, and insanity are just a few of the reasons that may motivate a move in that manner. The courts should put a stop to such matters,” the court concluded.

The judge ruled: “Since the very foundation of the marriage has fallen apart, the Court cannot force the parties to reconcile and live together as husband and wife.”

“We have no doubt that the appellant is entitled to a divorce decree based on cruelty and the marriage’s irreparable breakdown. There is no possibility of the parties resuming their married life,” the court stated.

The trial court’s finding that the brief reunion in 2015 demonstrated forgiveness was consequently rejected.

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