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According to a recent ruling by the Madhya Pradesh High Court, if a wife shows disrespect towards her husband and his relatives, it would be considered as an act of cruelty towards the husband.

The panel of judges, consisting of Justice Sheel Nagu and Justice Virender Singh, were presiding over an appeal case that disputed the decision made by the Family Court to grant a divorce decree.

During the appeal hearing at the High Court, the wife claimed that it was actually her husband’s actions towards her that compelled her to leave her marital home along with her young son.

The appellant/wife also lodged a complaint against her husband under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. However, the police did not take any action on the complaint.

Husband who submitted a plea for divorce in the Family Court, citing cruelty and desertion as grounds. The court established that both of these grounds were valid, but due to technicalities, only granted the petition based on the ground of “cruelty.”

During the hearing in the high court, the wife made an accusation that the family court, during the divorce ruling, only took into account the husband’s arguments and disregarded her own, even though they contradicted his evidence. She argued that her husband’s behaviour towards her was the cause of their separation. However, the husband disagreed with her claim and opposed her appeal.

The high court emphasized that in the particular case being discussed, the husband had claimed that his wife, who happened to be the daughter of an IPS officer, was excessively proud, haughty, obstinate, quick to anger, and put on a show of being something she was not. Furthermore, he also accused her of insulting his family members. 

The court observed that during his initial testimony in front of the trial court, the husband had accused his wife of defying everyone in the household from the day she arrived, claiming to be a modern woman who does not approve of or adhere to traditional customs.

In order to come to its decision, the court examined a series of rulings by the Supreme Court, including the case of V. Bhagat v. D. Bhagat (1994), in which the Supreme Court determined that mental cruelty, as defined in Section 13(1)(i-a) of the Act, can be broadly described as behavior that causes significant emotional pain and suffering to the other party, making it impossible for them to continue living together.

In addition, the court emphasized that the family court, in a comprehensive and lengthy ruling that covered all aspects of the case, had firmly concluded that the husband’s and his witnesses’ statements were trustworthy, while the wife’s allegations were not credible.

The court noted that the husband’s testimony, including that of his younger brother and other witnesses, remained consistent even during cross-examination. This, coupled with other evidence, demonstrated that the wife was subjecting him and his entire family to harassment and mistreatment.

Therefore, in view of wife’s not much will to stay with the husband, while noting that the reasons stated by the wife for leaving her matrimonial home were not satisfactory and were without just and reasonable cause, court refused to interfere in the decision of the family court.

Written by Rishav raj bba ll.b 4th semester ( RNB GLOBAL UNIVERSITY )


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