Husband wins divorce case after court finds wife’s family hid infertility details; to pay Rs 5 lakh one-time alimony
In brief, the marriage had taken place on June 5, 2015 at Khairagarh according to Hindu rituals. At the time of the marriage, the wife’s father’s financial condition was poor, and the husband claimed that he covered all the wedding expenses. Also in the husband’s house, his old parents and his two nephews and two nieces lived with him and they were his responsibility.
In the first two months of their marriage, he said that she treated him well. However, she later began to irritate him by saying things like he had opened an orphanage and taken on the responsibility of everyone, even refusing to cook for them. He also said that this led to frequent arguments and she also mistreated his parents.
Consequently, he filed an application under Section 13(1) (a) of the Hindu Marriage Act, 1955 against her, seeking a divorce based on the revelation that the wife was not having her menstrual cycle.
He said in court that his efforts to make his wife understand, she did not change her behaviour and continued to show disrespect towards his parents. He also told about an incident when suddenly one fine day she told him that she had missed her period.
He felt overjoyed, thinking she was expecting and took her for medical checkup to Doctor Dubey, a gynecologist. Doctor Dubey informed him that she hadn’t had her menstrual cycle for 10 years. Later, her mother took her to Doctor Gulati for another medical checkup and the doctor told her that there is a serious issue in her uterus, which was causing problem with having children.
After hearing Doctor Gulati’s opinion, he asked her why she married him, to which she replied that had she been honest with about the situation earlier, he would likely have said no, and so now he has to deal with it.
Thus he claimed that she knew that she was unable to conceive before they got married, but she concealed this fact and married him.
Moreover, as per him, she was argumentative and stubborn and subjected him and his family members to mental cruelty.
To support his claims, he cited an incident which happened in August 2016. At that time, he took his father to Dr. Gupta for a treatment and she was at home. He said that she tortured his mother, nieces and nephew during his absence.
Subsequently on September 17, 2016, when his father died, she called her brother just after the completion or ‘Terahvin’ and took all her clothes, ornaments and Rs 2 lakh cash and left for her parental home. The husband returned home and came to know this from his family members.
After hearing this, he went to her parent’s house to bring her back and there he had a dispute with her brother, mother and aunt who threatened him by saying they will send his entire family to jail. He left the fight and returned home and decided to fight this battle in court.
On December 9, 2025 he won the divorce case in Chhattisgarh High Court. Advocate Chandrakaditya Pandey on behalf of Advocate Dharmesh Shrivastava represented the husband.
Also read: Prolonged matrimonial legal fight can only lead to marriage in paper, says Supreme Court, ends 22-year long divorce fight in husband’s favour
Mehaak Jaggi, Advocate on Record, Supreme Court of India, said to ET Wealth Online: “While the Hindu Marriage Act provides for divorce on the grounds of cruelty under Section 13(1)(ai), the term itself is not defined in the Act.”
According to Jaggi, this has permitted courts to give a wide interpretation to it.
Jaggi says: “Concealing material facts at the time of marriage comes under the umbrella of mental cruelty. Medical condition of the spouse such as inability to bear a child is a material fact in a marriage. However, one must bear in mind that while concealing information of such inability at the time of marriage is considered mental cruelty, the same is not the case when the inability arises during the course of marriage.”
Also read: Husband breaks wife’s phone, produces adultery photos; gets photographer who developed photo to be a witness; MP HC grants divorce
Vipul Wadhwa, Partner, Singhania & Co. explains some key takeaways from the judgement:
- In India, marriage is regarded as a sacred and solemn union, carrying not only social obligations but also a dharmic duty of procreation and continuation of lineage.
- The High Court observed that the wife had deliberately concealed the fact of her absence of menstrual cycles from the husband, despite being fully aware of her medical condition prior to the marriage. Such concealment of a material fact, which strikes at the very foundation of marital expectations, was held to constitute mental cruelty towards the husband.
- The High Court minutely examined and appreciated both the documentary and oral evidence led by the parties. The Hon’ble High Court ultimately ruled in favour of the husband, as he was able to establish, through credible medical records, that the wife was incapable of bearing children.
- Although the wife pleaded otherwise and, during her oral evidence, admitted that she had been undergoing treatment and claimed that, upon taking medication, she had become capable of conceiving, she failed to place on record any medical documentation to substantiate such assertions. Therefore, it is imperative that cogent and relevant medical records must be duly produced in cases involving medical issues.
- Although the decree of divorce was granted in favour of the husband on the ground of mental cruelty duly established by him, the Hon’ble High Court also took into consideration the respective financial capacities of both parties.
- In order to secure the sustenance and financial stability of the wife, the Hon’ble High Court deemed it appropriate to award permanent alimony in her favour. This underscores that Courts in India remain sensitive not only towards the true essence of marriage but also towards the welfare and financial security of women, particularly because not every woman in India is financially independent.
Also read: After 14-year legal battle, wife gets Rs 1 crore permanent alimony as Supreme Court grants divorce and closes all cases against husband
Chhattisgarh High Court discussion and analysis
The Chhattisgarh High Court said in its judgment (2025:CGHC:59613-DB) that the wife in her written statement pleaded that the husband tortured her and she further said in para 5 of her reply that after taking medications, she has become capable of having a child.
Chhattisgarh High Court analyses the evidences filed:
- Ex. A/01 Thyroid test of the wife at Dr. Lal Pathology,
- Ex. A/02 Medical Bill,
- Ex. A/03 Hysterosalpingography (HSG) report of the wife,
- Ex. A/04 Life Care Scan and Research Centre Bill of the husband,
- Ex. A/05 to Ex. A/07 Life Care Scan and Research Centre Bills of the wife,
- Ex. A/08, Prescription of the doctor regarding treatment of wife at Gulati Nursing Home,
- Ex. A/09 Sonography test report of the wife,
- Ex. A/10 Hysterosalpingography (HSG) report of the wife at Life Care Scan and Research Centre,
- Ex. A/11 semen test report of the husband at Life Care Scan and Research Centre,
- Ex. A/12 semen test report of the husband at Medi Path Lab Raipur.
The Husband in his cross-examination denied that he was given LED TV, AC, fridge, dining table, maharaja sofa, dressing table, double bed, washing machine, Godrej almirah and household utensils in dowry and they are still with him.
He admitted this suggestion of the wife that on the advice of Dr. Gupta, he took his wife to Dr. Dubey.
The Chhattisgarh High Court observed that the wife admitted this suggestion that her treatment was ongoing and she has stated that after taking medications, she has become capable of having a child and she admitted that she has not produced any doctor’s certificate in this regard. Both the parties have stated that since 2016 they are living separately.
Chhattisgarh High Court judgement
The Chhattisgarh High Court said that the Family Court has minutely appreciated the oral and documentary evidence and finds that issues No. 1 and 3 are in favour of the husband and rightly passed the decree of divorce in favour of him.
Chhattisgarh High Court said: “Thus, we do not find any illegality or irregularity warranting interference by this Court in the impugned judgment passed by learned Family Court.”
The Chhattisgarh High Court said that as regards permanent alimony, considering the facts and circumstances of the case, the socio-economic status of the parties and looking to the guideline of the Supreme Court in the matter of Sau.Jiya vs. Kuldeep reported in 2025 SCC OnLine SC 213, we find that awarding an amount of Rs 5 lakh as a one time settlement in favour of the wife shall serve the purpose of equity and meet the ends of justice.
Judgement: “This amount shall cover all the pending and future claims of the appellant against the respondent/husband. The respondent/husband is, therefore, directed to pay the said amount as permanent alimony to the appellant/wife within a period of four months from today. A decree be drawn up accordingly.”
