‘Reciprocal cruelty’: Patna High Court backs divorce, grants Rs 36 lakh alimony to wife

The Patna High Court recently upheld a family court's decision to dissolve a marriage, recognizing that when spouses are unable to live together and have no adjustment, their behavior may be deemed "reciprocal cruelty." The division bench of Justices Rana Vikram Singh and Bibek Chaudhuri directed the husband to pay his estranged wife a permanent alimony of Rs 36.25 lakh.

The court acknowledged the inability to dissolve the marriage solely on the ground of irretrievable breakdown, but held that the complete lack of adjustment between the parties justified considering their actions as reciprocal cruelty. The marriage, which began in 2013 and resulted in a son, had become strained soon after, with the couple living separately for an extended period.

The husband had filed allegations of his wife's refusal to adjust to the marital home, insults, and lack of return efforts. In contrast, the wife denied these claims, alleging physical and mental harassment and demanding Rs 20 lakh. The court ultimately accepted the husband's allegations of cruelty and desertion, dissolving the marriage in 2022.

The wife appealed, arguing that the family court had mishandled the evidence and failed to consider mutual trust, love, affection, and intent to resume conjugal life. Both sides agreed that the marriage had failed and that neither party desired a reunion. The court affirmed the dissolution of the marriage, upholding the alimony order and directing the husband to pay Rs 18,12,600 each in two equal installments within specified timeframes.