Prayagraj, Dec 31 (NationPress) The Allahabad High Court has rejected a husband's argument that his wife's failure to observe 'parda' (veil) qualifies him for divorce based on claims of mental cruelty.

A bench consisting of Justices Saumitra Dayal Singh and Donadi Ramesh was reviewing an appeal made by the husband following the dismissal of his divorce petition, which cited mental cruelty and desertion as grounds.

The Bench, led by Justice Singh, ruled against the claim that the wife was a “free-willed person” who independently ventured out to shops and other places without adhering to 'parda'.

"The wife's independence to travel and interact with society without engaging in any unlawful or immoral behavior cannot be classified as an act of cruelty within this context," the court stated.

The Allahabad High Court further observed that "the allegations attributed to the wife do not constitute acts of cruelty, especially given the education level of both parties. The husband is an engineer, while the wife works as a government teacher."

"Differences in life perspectives can lead to varied behaviors among individuals. Such differences can be perceived as cruelty by others observing those behaviors, but these perceptions are subjective and cannot inherently substantiate claims of cruelty unless they are legally recognized as such," the court added.

The Bench upheld the family court's decision, stating that the husband's claims of insults from the wife lacked specific details regarding time and place, and were not substantiated in the lower court.

"Regarding the allegations of immoral relationships made by the wife, the husband failed to present conclusive evidence. The claim that the wife was involved with a person referred to as 'Punjabi Baba' was not supported by credible proof," it remarked.

However, the Allahabad High Court stated that the husband may have grounds for claiming mental cruelty due to the wife's prolonged desertion, suggesting that her deliberate refusal to cohabit with him signifies a form of desertion that could justify the dissolution of marriage.

It was noted that the wife not only declined cohabitation but also did not make any attempts to restore their marital relationship.

In permitting the dissolution of the marriage, the Allahabad HC highlighted that both parties are gainfully employed, and their only child, now approximately 29 years old, resides with the wife. Consequently, no request for permanent alimony was made, nor was there a basis for it.