“Mental Cruelty to husband” Ground to Divorce
In case of “Smt. Nalini Mishra v. Surendra Kumar Patel on 12 August, 2022
The High Court of Chhattisgarh, Bilaspur observed-
(i)A division bench was hearing an appeal filed by women 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 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 “
The court, therefore, upheld a family court order which had granted Divorce to the husband.
HEAD NOTE
(i) 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.
(ii) Frequent visit by wife to the office of the husband and create a scene with abusive
language would amount to cruelty.
RELATED CASE LAW:
(I)Mental cruelty has been defined by the Supreme Court in the case of Samar Ghosh Vs. Jaya
Ghosh {(2007) 4 SCC 511}
(II)Vijay kumar Ramchandra Bhate V. Neela Vijay kumar Bhate, reported in AIR 2003 SC
2462 and held that when the assassination of character is made by either of the
parties it would constitute a mental cruelty for which a claim for divorce under
Section 13(1)(i-a) of the Hindu Marriage Act, 1955 would be sustainable.