The Court found that the husband failed in his duty to maintain his first wife after she left the matrimonial home on account of cruelty meted out to her.
"Mere demanding to live separately cannot be said to be a cruelty of such degree which would invite the marital tie to be severed", the Calcutta High Court said.
The Court, therefore, dismissed the appeal filed by a husband challenging the June 28, 2019 order of a Family Court in Janjgir which had denied decree of divorce to him on grounds of cruelty.
In a significant ruling, the Bombay High Court has held that one cannot seek divorce under the Hindu Marriage Act, 1955 on the ground that their spouse is suffering from epilepsy.