Keywords: Chhattisgarh High Court, Excessive drinking habit, mental cruelty
The Chhattisgarh High Court in Payal Sharma vs Umesh Sharma has ruled that a husband’s habit of excessive alcohol consumption would constitute mental cruelty to his wife and family, including his children and allowed the wife’s plea for the dissolution of her marriage on grounds of cruelty.
The court observed that the husband did not even pay school fees for his two children, despite his wife being unemployed. The court deemed that the wife relied on the husband for her household needs and bringing up her children to give a good education and life, and if the husband’s excessive drinking habits deteriorate the family’s condition and cause mental cruelty to the wife and the entire family including children.
The court found that the husband’s abuse and assault of his wife were a result of his excessive drinking habits. The husband allegedly sold household goods to buy alcohol, and the couple never paid their children’s school fees. When the wife asked for money, he allegedly abused and assaulted her. The court accepted these allegations, stating that the husband was mentally cruel to his wife.
The court also noted that the wife tried to save the marriage and had earlier withdrawn the application seeking divorce on the ground of excessive drinking upon the promise that the husband would mend his behaviour.
Upon such observations the court dissolved the marriage solemnized on February 2, 2006, and ordered the husband to pay ₹15,000 per month as maintenance.
Written by- Apoorva Chandra, College name – Aligarh Muslim University Centre, Malappuram, Semester- 3rd an intern under Legal Vidhiya
