Pintu Mahata vs Swarnalata Mahata on 9 March, 2026

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    Calcutta High Court (Appellete Side)

    Pintu Mahata vs Swarnalata Mahata on 9 March, 2026

    Author: Supratim Bhattacharya

    Bench: Sabyasachi Bhattacharyya, Supratim Bhattacharya

                                In the High Court at Calcutta
                                 Civil Appellate Jurisdiction
                                        Appellate Side
    
    
         The Hon'ble Mr. Justice Sabyasachi Bhattacharyya
                        And
         The Hon'ble Mr. Justice Supratim Bhattacharya
    
    
    
                                   F.A.T. No. 443 of 2023
    
                                       Pintu Mahata
                                            Vs.
                                     Swarnalata Mahata
    
    
         For the appellant              :     Mr. D.K. Adhikari,
                                              Mr. Tarapada Das,
                                              Mr. Debdeep Adhikary
    
         For the respondent             :     Mr. Debrup Choudhury,

    Mr. Arkaprabho Roy

    Heard on : 19.02.2026 & 26.02.2026

    SPONSORED

    Reserved on : 26.02.2026

    Judgment on : 09.03.2026

    Sabyasachi Bhattacharyya, J.:-

    1. The appellant-husband has preferred the instant appeal, assailing the

    dismissal of his divorce suit against the respondent-wife, filed on the ground

    of mental cruelty.

    2. Learned counsel appearing for the appellant-husband argues that the

    learned Trial Judge failed to take into consideration the serious allegations

    made by the respondent-wife against the appellant and his family members
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    in her written statement, which were unsubstantiated in evidence. At least

    three instances of such allegations are specifically pointed out to the Court.

    3. The respondent pleaded in her written statement that on February 15, 2019,

    the family members of the appellant had tried to kill her second daughter,

    which was the culmination of physical and mental torture perpetrated upon

    her by the appellant and his family due to the birth of the second female

    child of the respondent.

    4. The respondent also alleged in her written statement that the appellant

    addressed the respondent in filthy language and instigated other persons to

    “temper” and to give immoral proposals to the respondent by giving her

    mobile number to them.

    5. Thirdly, the respondent also alleged in her written statement that the

    appellant had an illicit relation with a lady named Sangita Mahata for the

    couple of years prior to the filing of her written statement, due to which the

    respondent was also subjected to physical and mental torture.

    6. Alleging such physical and mental torture meted out by the appellant and

    his family, the respondent also lodged a complaint with the local police

    station, which gave rise to Simlapal Police Station Case No. 24 of 2020 dated

    May 19, 2020 under Sections 498A, 307 and 34 of the Indian Penal Code,

    read with Sections 3 and 4 of the Dowry Prohibition Act.

    7. However, learned counsel for the appellant submits that none of the said

    allegations were corroborated by any material evidence. The criminal case

    lodged by the respondent, it is submitted, is still pending.
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    8. Learned counsel appearing for the appellant takes the court through the

    evidence of the respondent and her mother, respectively as DW-1 and DW-2.

    It is pointed out that although the respondent had alleged that her second

    daughter was sought to be killed by the appellant and his family members

    on February 15, 2019, she admitted in her cross-examination that she did

    not return to her matrimonial house after December 15, 2018. DW-2, her

    mother, stated in her cross-examination, however, that the respondent

    continued to reside at her matrimonial home after the birth of her second

    female child till the said child was three months old.

    9. The first daughter was born of the parties’ wedlock on May 8, 2016 and the

    second on November 17, 2018, thus taking the said three months’ period

    after the birth of the second daughter to around February 15, 2019.

    However, the appellant argues that by the inherent contradiction between

    the said two statements of DW-1 and DW-2, they demolished each other’s

    evidence.

    10. With regard to the alleged illicit affair of the appellant, DW-1 had merely

    stated in her evidence about such affair, without furnishing any further

    detail. Moreover, no independent witness came forward to establish such

    alleged illicit relation, apart from the wife herself as DW-1 and her mother as

    DW-2.

    11. Thus, it is argued that the false and baseless allegations of the respondent

    in her written statement, by themselves, tantamounted to mental cruelty

    against the husband, on which ground alone the learned Trial Judge ought

    to have decreed the suit for divorce.

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    12. Learned counsel for the appellant cites Vijaykumar Ramchandra Bhate v.

    Neela Vijaykumar Bhate, reported at AIR 2003 SC 2462, in support of the

    proposition that if allegations are made in the pleadings which are of such

    quality, magnitude and consequence as to cause mental pain, agony and

    suffering amounting to cruelty, causing profound and lasting disruption in

    the matrimonial life, such conduct itself amounts to cruelty.

    13. Learned counsel also relies on K. Srinivas Rao v. D.A. Deepa, reported at

    (2013) 5 SCC 226, where the Hon’ble Supreme Court observed that making

    unfounded indecent and defamatory allegations against the spouse or

    his/her relatives in the pleadings, filing of complaints which may have an

    adverse impact on the job of the spouse and filing repeated false complaints

    amount to causing mental cruelty to the other spouse.

    14. It is further argued that the appellant substantiated his case of acts of

    mental cruelty by the respondent, in refusing to do household work and ill-

    behaving with her in-laws, by adducing evidence in support of such

    pleadings. The learned Trial Judge, it is contended, failed to consider in

    proper perspective such evidence to dismiss the suit.

    15. It is argued by the appellant that he is a CISF employee, which is a part of

    the disciplined forces, and the serious allegations made in the pleadings of

    the respondent-wife might adversely affect the job of the appellant.

    Moreover, the consistent false allegations and cruel behaviour of the wife, it

    is argued, led to mental cruelty against the appellant.

    16. Lastly, learned counsel for the appellant argues that the learned Trial Judge

    proceeded on the premise that the appellant did not file any application
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    under Section 9 of the Hindu Marriage Act for restitution of conjugal rights

    to show his intention to bring back the respondent-wife. However, such

    premise is legally erroneous, since the filing of a restitution suit is not a pre-

    requisite for establishing mental cruelty of the other spouse and non-filing of

    such a proceeding could not come in the way of granting a divorce in favour

    of the appellant.

    17. Learned counsel for the respondent contends that there was no specific

    cross-examination on the allegations of the wife relating to the illicit

    relationship of the husband, the attempt on the part of his family to kill the

    second daughter of the parties and regarding the husband inciting others to

    make indecent proposals to the respondent-wife over mobile phone. In the

    absence of counter suggestions in the cross-examination of the respondent

    and her mother by the appellant, such allegations ought to have been held

    to be premised on reasonable basis. Thus, such allegations did not amount

    to cruelty.

    18. Learned counsel for the respondent next places before the Court the

    averments made in Paragraph No. 11 of the written statement to show that

    the respondent denied the plaint allegation that she had left her

    matrimonial home suddenly on December 15, 2018. In Paragraph No. 15 of

    the written statement, the respondent specifically alleged that the family

    members of the appellant-husband perpetrated cruelty against the

    respondent due to the birth of her second female child and on February 15,

    2019 had tried to kill the daughter, when the respondent somehow managed
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    to rescue the child and ran away from her matrimonial home. Again, in her

    evidence, the respondent substantiated her allegations.

    19. It is next contended by the respondent that the appellant utterly failed to

    substantiate the plaint allegations of the respondent having perpetrated

    mental cruelty against the appellant and his family. Rather, in an

    application made by the appellant-husband before the Sub-Divisional

    Officer at Khatra, bearing Case No. 22 of 2019, the appellant admitted that

    the parties were living peacefully together at least till December 15, 2018.

    Thus, the said statement belied the appellant’s plaint allegations of the

    respondent-wife having done cruel acts against the appellant and his family

    during her stay in her matrimonial home. Accordingly, it is argued that the

    learned Trial Judge was justified in dismissing the suit for divorce.

    20. It is also argued that there was no independent witness apart from the

    appellant-husband who substantiated the allegations of cruelty made in the

    plaint.

    21. Lastly, on instruction, learned counsel for the respondent-wife candidly

    submits that the respondent is otherwise willing to sever the matrimonial

    tie; however, in view of the divorce having been sought by the husband on

    the basis of several allegations of cruelty by the wife, in the event divorce is

    granted on the basis of the plaint case, the respondent-wife would suffer

    ignominy and social stigma.

    22. During arguments, the appellant categorically alleges and the respondent

    tacitly agrees that the matrimonial tie between the parties has broken down

    beyond repair. Hence, the court put both parties on notice that it may
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    consider the decision of the Hon’ble Supreme Court in Rakesh Raman v.

    Kavita, reported at (2023) 17 SCC 433, in such context. However, specific

    arguments were not advanced on the said judgment by either of the parties.

    23. Upon having heard learned counsel for the parties, the court comes to the

    following conclusions:

    24. Insofar as the allegations levelled in the plaint in respect of alleged cruelty

    by the respondent during her stay in her matrimonial home, we find that the

    learned Trial Judge was justified in observing that the said allegations could

    not substantiated by the appellant-husband by independent corroborative

    evidence. Some of the allegations, evidently, are vague in nature and do not

    come within the purview of mental cruelty, such as the respondent-wife not

    being willing to do household work and behaving improperly, without any

    explanation as to whether the latter fell within the ambit of regular wear and

    tear of matrimonial life or not. That apart, as rightly observed by the learned

    Trial Judge, no specific date or instance of cruelty was mentioned in the

    appellant-husband’s plaint.

    25. Although an apparent acquaintance of the appellant-husband adduced

    evidence as PW-2, he admitted in his cross-examination that he came to

    know about the incidents relating to the case the day before he adduced

    evidence, which would relegate his knowledge of the facts of the case to

    hearsay at best. On recall, PW-2 tried to salvage the damage done in his

    cross-examination. However, he reiterated again that it was not a fact that

    the respondent-wife used to quarrel with the family members of the

    appellant-husband. Thus, the evidence of PW-2 does not inspire confidence,
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    nor could it be held to be sufficient corroboration of the plaint case or the

    evidence of PW-1.

    26. Conspicuously, none of the family members of the appellant-husband, who

    would be the best witnesses to substantiate the case of mental cruelty

    levelled against the respondent and his family members, was brought

    forward as witness to support the plaint case. As such, adverse inference

    can be drawn against the appellant-husband in respect of the plaint

    allegations of cruelty by the wife during her stay at her matrimonial home.

    27. However, the second aspect of the matter is whether the respondent-wife

    could substantiate her serious allegations against the appellant-husband

    and his family members in her pleadings and/or establish that there was

    reasonable basis for making such allegations.

    28. Although, in Paragraph No. 15 of the written statement, the respondent

    categorically stated that the family members of the husband perpetrated

    cruelty on her and tried to kill her second daughter on February 15, 2019,

    the respondent-wife, as DW-1, categorically admitted in answer to Question

    No. 16 in her cross-examination that she did not go to her matrimonial

    house after December 15, 2018, which palpably belies the allegations that

    her daughter was sought to be killed by her in-laws on February 15, 2019.

    29. Although initially the respondent denied in her cross-examination that the

    appellant had illicit relation with a lady called Sangita Mahata as well as

    that the appellant instigated other persons to give immoral proposals to her

    by giving her phone number to them, on recall, she grew wiser and denied

    both the said facts. However, not a single corroborative evidence, either oral
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    or documentary, was brought forward by the respondent to substantiate the

    allegations of illicit relation to her husband with the said lady.

    30. The contention of learned counsel for the respondent that counter

    suggestions were not put to the respondent in her cross-examination

    regarding the allegations levelled in her written statement against the

    husband and his family members cannot be accepted, since specific counter

    suggestions were put in that regard to the respondent, while deposing as

    DW-1. In fact, in her initial cross-examination dated August 17, 2023, she

    had denied such allegations herself, but made good such inconsistency on

    recall on November 28, 2023.

    31. Regarding the allegations of cruelty against the appellant when the

    respondent came to know of the alleged illicit relation of the appellant with

    another lady, the criminal case filed by the respondent as long back as on

    May 19, 2020 on such count is still pending before the jurisdictional

    criminal court. On the yardstick of preponderance of probability, however,

    we do not find any evidence on record to substantiate the serious allegation

    of illicit affair of the appellant-husband with another lady, nor do we find

    evidentiary support for the allegations made in the written statement

    regarding the appellant having given the mobile phone number of the

    respondent to third parties and instigating them to make immoral proposals

    to the respondent-wife. No evidence whatsoever in that regard, including

    call records or any other documents or oral evidence, was sought to be

    adduced by the respondent-wife at all.

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    32. Insofar as the allegation of the family members of the appellant having

    attempted to kill her second daughter on February 15, 2019, the same is

    demolished by her categorical admission in cross-examination to the effect

    that the respondent did not return to her matrimonial house after December

    15, 2018, that is, three months prior to such alleged incident. Although

    recalled as a witness, the respondent-wife did not clarify or furnish any

    explanation for such admission even on recall.

    33. The respondent stated in reply to Question No. 13 in her cross-examination

    that the appellant met her after December 15, 2018, but in answer to

    Question No. 15, the respondent stated that she could not say how many

    times the appellant came to meet her after December 15, 2018. The mother

    of the respondent, in her cross-examination, stated in reply to Question No.

    14 that the respondent resided at her matrimonial home till her second

    daughter was three months old, evidently to suit the purpose of

    substantiating the allegation that the in-laws of her daughter tried to kill

    their second grandchild. Rather, such deposition of DW-2, the mother of

    the respondent-wife, stands in stark contradiction with the admission of her

    daughter in her cross-examination to the effect that she left her matrimonial

    house and never returned after December 15, 2018.

    34. Thus, none of the allegations made in the written statement could be

    substantiated by the respondent, nor any reasonable basis for making such

    allegations was made out by any independent evidence.
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    35. As held in Vijaykumar Ramchandra Bhate (supra)1 and K. Srinivas Rao

    (supra)2, reckless and defamatory/indecent allegations against one spouse

    by the other in pleadings and filing unsubstantiated complaints itself

    amounts to mental cruelty, entitling the subject-spouse to a decree of

    divorce against the other.

    36. Hence, this Court is of the opinion that the learned Trial Judge erred in law

    in not taking into consideration such component of cruelty by the

    respondent-wife against the appellant-husband, as borne out by her

    unsubstantiated and reckless allegations in her pleadings. The appellant is

    justified in contending that the unfounded allegations in the written

    statement cast social stigma and mental agony not only of the appellant but

    his entire family. Also, the CISF, which is a part of the disciplined forces,

    where the appellant is employed, evidently would not tolerate such reckless

    allegations if substantiated. Hence, by making such serious allegations

    against the appellant-husband and his family members, the respondent-wife

    perpetrated mental cruelty by creating mental agony and social stigma to

    the appellant and his entire family and jeopardised the service of the

    appellant with the CISF, both of which constitute cruelty coming within the

    ambit of Section 13 of the Hindu Marriage Act.

    37. Accordingly, on such ground alone, the appellant is entitled to a decree of

    divorce.

    1
    Vijaykumar Ramchandra Bhate v. Neela Vijaykumar Bhate, reported at AIR 2003
    SC 2462
    2
    K. Srinivas Rao v. D.A. Deepa
    , reported at (2013) 5 SCC 226

    12

    38. The premise of the learned Trial Judge that the husband did not file a suit

    for restitution of conjugal rights to show his bona fides is erroneous in law,

    since there is no such requirement in law that in the event the parties

    combat each other in matrimonial duel, they have to initiate an action for

    restitution of conjugal rights as a pre-condition for grant of divorce.

    Furthermore, there is precious nothing on the part of the respondent-wife to

    show her animus revertendi during the entire period of separation since

    December 15, 2018.

    39. The parties have not brought before the court any evidence of their having

    tried to unite in conjugal life during this long period of eight years of

    separation. Moreover, both parties have alleged during arguments that they

    do not want to resume conjugal life, which unerringly indicates that the

    marriage between the parties has broken down irretrievably.

    40. In Rakesh Raman (supra)3, the Hon’ble Supreme Court categorically

    observed that a marital relationship which has only become bitter and

    acrimonious over the years does nothing but inflict cruelty on both sides

    and to keep the façade of such broken marriage alive would be doing

    injustice to both the parties. A marriage which has broken down

    irretrievably, it was held, spells cruelty to both the parties, as in such a

    relationship each party is treating the other with cruelty. Therefore, it was

    held, it is itself a ground for dissolution of marriage under Section 13 (1) (i-

    a) of the Hindu Marriage Act.

    3
    Rakesh Raman v. Kavita, reported at (2023) 17 SCC 433
    13

    41. The apprehension of social stigma in the mind of the respondent-wife, if the

    allegations of the appellant-husband against her are upheld, is unfounded,

    since we categorically observe, on the basis of our above discussions, that

    the appellant-husband failed to substantiate his allegations of cruelty on the

    part of the respondent. However, on the basis of the unfounded and

    unsubstantiated allegations of the respondent-wife in her written statement,

    and taking into consideration the irretrievable breakdown of marriage

    between the parties, the appellant-husband is entitled to a decree of divorce

    in any event.

    42. In view of the above, this Court is of the opinion that the learned Trial Judge

    erred in law and in fact in refusing to grant a divorce decree in favour of the

    appellant-husband.

    43. Accordingly, F.A.T. No. 443 of 2023 is allowed on contest, thereby setting

    aside the judgment and decree dated December 6, 2023 passed by the

    learned Additional District Judge, Khatra, District-Bankura in Matrimonial

    Suit No. 07 of 2020 and decreeing the said suit, thereby granting dissolution

    of marriage between the parties by way of divorce.

    44. There will be no order as to costs.

    45. A formal decree be drawn up accordingly.

    (Sabyasachi Bhattacharyya, J.)

    I agree.

    (Supratim Bhattacharya, J.)



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