Trust lost, marriage over: High Court upholds family court order on divorce

The Punjab and Haryana High Court has made it clear trust is the foundation of marriage and a couple cannot live together if faith in each other is missing. “The relationship of husband and wife is based on trust, and if one spouse loses the trust in the other, they cannot live together under one roof,” the Bench ruled.

The assertion came as the Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma upheld a family court’s decision to grant divorce to the husband under the provisions of the Hindu Marriage Act after citing a complete breakdown of trust between the couple.

The Bench took note of the fact that the couple had been living separately since November 4, 2018. The court was of the view that the prolonged separation, now approaching six years, was a crucial factor as neither party made any effort to reconcile or resume their marital relationship clearly indicating an irretrievable breakdown of the marriage.

The Bench observed that the husband claimed he had entirely lost trust in his wife. The loss of trust was exacerbated by serious allegations made by the wife against her father-in-law. In her complaint to the women’s cell, she accused her father-in-law of outraging her modesty on multiple occasions and alleged that he harboured evil intentions toward her. But the family court, after examining the evidence and witnesses, found the allegations to be unsubstantiated, further weakening the wife’s case.

The Bench also took note of the fact that the family court disbelieved the wife’s denial of extramarital affair after examining the evidence presented by the witnesses. It held that the act of appellant-wife in making secret phone calls to another man amounted to mental and physical cruelty.

The court emphasised that trust was the cornerstone of any marriage. Once this trust was lost, it became impossible for the couple to continue living together. The Bench also noted that the wife’s behaviour, particularly the serious and unfounded allegations against her father-in-law, posed a potential danger to her husband and his family. If the marriage were to continue, it could lead to further harm. The court also took into consideration the welfare of the couple's children. The Bench expressed concern that the wife's conduct could have a detrimental impact on the children if the marriage was not dissolved.

"Justice demands the dissolution of marriage between the parties. It is for the welfare of the children as well, since the conduct of the appellant-wife would leave a bad impact on the minds of the children," the court added.