Denying the allegations, the wife claimed that she too belonged to an orthodox family and said the husband's brother and sister-in-law were actually responsible for the disputes. (AI-generated image)Refusing to adhere to traditional or orthodox customs does not amount to cruelty, the Andhra Pradesh High Court has ruled and upheld a family court’s decision rejecting a man’s plea for divorce on grounds of cruelty and desertion.The August 20 ruling by Justices Battu Devanand and Sunitha Gandham came in relation to a marriage that took place in 1999 in line with Hindu rites and rituals. The husband, however, approached the family court which denied him divorce in 2006.“Generally, a wife choosing not to follow traditional or orthodox customs does not legally constitute cruelty. Personal freedom, individual choice, and differing personal beliefs regarding religious or cultural rituals are normal. They do not cross the legal threshold of mental or physical cruelty required to dissolve a marriage,” the order read.‘Rude, disrespectful’The husband had sought divorce under the Hindu Marriage Act, alleging cruelty and desertion. According to him, the wife failed to follow his family’s orthodox customs and traditions, and did not properly look after his aged mother. He alleged that she was rude, quarrelsome and disrespectful towards him and his mother, and repeatedly left the matrimonial home before her last departure in 2000.Denying the allegations, the wife claimed that she too belonged to an orthodox family and said the husband’s brother and sister-in-law were actually responsible for the disputes. Justices Battu Devanand and Sunitha Gandham noted that the couple had been living separately since 2000 and were now around 76 and 66 years old.The family court dismissed the husband’s plea seeking dissolution of the marriage. Aggrieved, the husband challenged the order before the high court.No public humiliation, insults: HCThe high court noted that the couple had been living separately since 2000 and were now around 76 and 66 years old. The court relied on the Supreme Court’s ruling, where it held that married life must be examined as a whole and a few isolated instances over several years would not amount to cruelty.Story continues below this adAlso Read | 6-day marriage, equal income: HP High Court rejects wife’s Rs 40,000 maintenance demandThe court noted the wife’s submission that she also belonged to an orthodox family and was aware of the customs and practices and that she had also followed them. It held that the petitioner’s allegation that she did not wear a wet saree to observe the ritual of ‘madi’ – as per their custom – could not amount to cruelty by itself.The judges observed that legal cruelty involves conduct so severe that the other spouse cannot reasonably be expected to continue in the marriage. “Not practicing a ritual is not a deliberate act to harm or torture a spouse and simply refusing a custom is not cruelty, however, if refusal turns into active public humiliation, continuous insults, or targeted malicious behaviour towards the family, then the courts can evaluate the overall conduct,” it added.In the present case, the high court found that the record did not reveal any such humiliation or continuous insults. On consideration of all the factors, it held that the petitioner’s self-serving statements did not inspire confidence and appeared far from the truth. The court, hence, upheld the family court’s decision and dismissed the appeal.Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal journalism. Combining a formal education in law with years of editorial experience, Ashish covers court developments and key cases for the audience. Expertise Ashish is a law graduate (BA LLB) from IME Law College, CCSU. His work at The Indian Express focuses on translating the often-dense proceedings of courts into clear, legal content. He also runs liveblogs from the Supreme Court and various High Courts. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More