“Mental Cruelty to husband” Ground to Divorce
In case of “Smt. Nalini Mishra v. Surendra Kumar Patel on 12 August, 2022
Under the Hindu marriage act 1955, the following are the ground for divorce
Fault ground (Section 13 (1))
Breakdown ground (Section 13 (1A) (i),(ii))
Mutual consent (Section 13(B))
Customary Divorce (Section 29(2))
Section 13(1) of the Hindu marriage act lays down the following grounds
Desertion, Cruelty -mental or physical, Adultery, Insanity, Leprosy, Venereal disease, Conversion ,Renunciation of world ,Presumption of death
Case – Smt. Nalini Mishra v. Surendra Kumar Patel
Division bench of Hon’ble Justice Goutam Bhuduri and Hon’ble Justice Radhakishan Agrawal
Facts :-
The couple had gotten married in the year 2010 and a child was born our of the wedlock. It was alleged that the respondent (husband) that the wife used to spent money as per her own choice and objected when the husband wished to visit his parents.
The husband further alleged that the wife used to take away his entire salary and spend it on her business. If any query was made about the expense, it was reciprocated with abuses.
It was also alleged that the wife procured 5 vehicles on loan without the consent of her husband and she deliberately stopped to discharge her household responsibilities, including taking care of her child.
She stayed making allegations on her husband of having an illicit affair with a co-worker.
Subsequently, husband filed for divorce in the ground of cruelty. The Family Court after evaluating the facts and evidence allowed the plea and a decree for divorce was granted. Interestingly, one of the wife’s sister deposed in the court in the favor of the husband.
Aggrieved by the order, the present appeal was filed by the wife.
Contention of the wife
The counsel for the wife submitted that the family Court failed to appreciate the fact that the wife was treated with cruelty by her husband.
It was contended that the statement of the wife would show that cruelty was meted out by the husband to her and he tried to create false evidence to get divorce.
It was further submitted that the wife wanted to live with the husband along with their child but for some reason or the other, the husband did not want to stay with the wife. He further submitted that the wife was financially independent and the allegation of the husband that the wife was interested in his money was completely false.
The counsel further contended that the Family Court rendered an erroneous judgment only bad on the deposition of her real sister and that the statement of the wife and the cross-examination of the husband do not bring home factory of cruelty and the only reason for the grant of decree was the deposition of the real sister.
Contention of Husband
The counsel of husband argued that the wife not only indulged in character assassination of her husband by alleging extra-marital affair, but also went to the extent of going to his office and creating a scene in front of his colleagues.
She also sent letters to the Chief Minister seeking transfer of her husband alleging that he had illicit relations.
Court observed
A division bench was hearing an appeal filed by woman challenging the Family Court’s order granting Divorce on the ground of cruelty by wife.
“It is established that the wife used to visit the office of the husband and create a scene by using abusive language. In such a situation where a wife goes to the office premises of the husband, abuses him and accuses him of a certain relation, naturally it would result into diminishing the image of the husband before the colleagues and the office stature will certainly down” the court observed.
The bench also said that a complaint by wife with the Chief Minister alleging that her husband was having an illicit affair with a female colleague and should therefore be transferred amounted to cruelty.
The court therefore upheld the Family Court’s order which had granted Divorce to the husband.
“It is established that the wife used to visit the office of husband and create scene with abusive language. In such a situation when a wife goes to the office premises of the husband, abuses him and accuses him of certain relation, naturally it would result into diminishing the image of the husband before the colleagues and the office stature will certainly down” the court said
The bench also observed that “a complaint filed by wife with the chief Minister alleging that her husband was having an illicit affair with a female colleague and should therefore, be transferred”, amount to cruelty.
“Complaint by wife against husband to Minister claiming a transfer of husband on the ground of illicit relation with a lady Colleague without any substance would amount to cruelty “
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