'Wife's habit of drinking not sufficient ground for divorce': Allahabad High Court

The Allahabad High Court ruled that a wife's drinking alone isn't sufficient grounds for divorce, dismissing a husband's plea citing middle-class values. The court emphasized the need for evidence of cruelty and noted the couple's prolonged separation reflected a lifeless marriage.

Lucknow: The Lucknow bench of the Allahabad High Court recently ruled that a wife's habit of drinking alcohol cannot be considered as cruelty sufficient to grant a divorce. The decision came after a man challenged a family court's rejection of his divorce petition based on allegations about his wife's drinking and her absence from their marital home.

The husband argued that his wife’s drinking habits were disrespectful to middle-class family values and caused him significant mental distress. However, a bench comprising Justices Vivek Chaudhary and Om Prakash Shukla dismissed the appeal, stating that drinking alcohol alone does not amount to cruelty unless it is accompanied by inappropriate or indecent behaviour. 

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The court emphasized that while societal norms in many middle-class families view alcohol consumption as taboo, such perceptions cannot replace legal evidence. The judges noted that there was no substantial proof to show how the wife's drinking caused cruelty to the husband or justified the divorce.  The court also underlined the importance of evidence in such cases, pointing out that allegations without credible proof cannot form the basis for divorce. 

However, the bench took serious note of the fact that the wife had been living in her native home for several years and had not returned to her husband’s residence. The court stated that the prolonged separation between the couple indicated that their marriage was devoid of any meaningful relationship or vitality.