The Chhatisgarh High Court has held that when a wife alleges, in different forums, that her husband has an illicit relationship with his mother, it would certainly lead to mental cruelty.
The Chhattisgarh High Court, presided over by Justice Goutam Bhaduri and Justice Sanjay S. Agrawal, emphasized that when a wife accuses her husband of such misconduct, it not only harms the husband’s reputation but also tarnishes the character of his own mother. This destructive impact on their mutual esteem reinforces the notion of mental cruelty between the spouses.
The facts in brief
Married on May 11, 2011, the couple’s relationship soured with allegations from the Husband that his wife’s behavior turned hostile post-marriage. He claimed she verbally abused him and his mother, neglected meal preparation, and even threatened false accusations against him. Seeking divorce, he appealed the Family Court’s denial at the Chhattisgarh High Court.
Meanwhile, the wife contended that her salary went entirely to her husband’s family, and he denied her request for a child fearing a girl. She highlighted humiliation during her Ph.D. scholarship due to witchcraft accusations.
Court’s observations
Upon reviewing the evidence on record, the Court noted that the wife had abandoned the husband/appellant in December 2013 and had filed a baseless report against him and his relatives under Sections 498-A and 34 of the IPC. However, all were acquitted due to lack of evidence.
It was also observed that the wife herself admitted during the criminal case that the appellant/husband had an illicit relationship with his mother. Citing a precedent set by the Apex Court, the Court emphasized that such reckless and false accusations by the wife against her husband, his family, and associates could tarnish his reputation among peers.
Moreover, the Court underscored that alleging an inappropriate relationship between a husband and his own mother constitutes mental cruelty.
Given these considerations, the Court granted the Husband’s appeal, leading to the issuance of a divorce decree.
In conclusion, the Court held that the husband’s obligation to provide maintenance to his wife and children persists if he possesses adequate means, signifying his enduring moral and familial duties beyond divorce. To streamline proceedings, the Court determined a monthly maintenance of ₹ 35,000/- for the wife, to be deducted at source from the appellant’s salary. With this decision, the Court concluded its deliberations on the matter.
Case title – D vs. R
Name; shreya Modanwal, Shambhunath institute of law,Jhalwa,Prayagraj , 3rd yr intern under Legal Vidhiya
