If the wife visits her husband’s office to create an unpleasant scene, it is ‘Cruelty’: Chhattisgarh HC

Posted by Ankit Sharma | Sep 01, 2022

The Chhatisgarh High Court has recently upheld the Divorce Decree granted in favor of a husband while observing that his wife’s act of storming his workplace and abusing him in foul language amounts to cruelty.

A Division Bench comprising Justice Goutam Bhaduri and Justice Radhakishan Agrawal was adjudicating upon an appeal against a Family Court order, wherein the court held:

“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 go down. Except such an oral bald allegation by the wife, the allegation could not be established. Even it is stated that the wife used to abuse the in-laws and stopped the husband from meeting his parents, which would also amount to cruelty.’

The appellant-wife has a child with the respondent-husband. With the passage of time, their relationship soured as issues arose over her spending habits. It was the husband’s allegation that she spent whenever he wanted to visit his parents, the wife used to abuse him resulting in the stoppage of the meeting of the husband with his parents. It was further alleged that without the consent and permission of the husband she went to a place called Belpahad for her business at Mahanadi coalfield for the business of coal shifting and when the husband tried to intervene, he was abused and insulted.

The allegation went further till she used to forcefully acquire the husband’s salary and when asked about expenses used to reciprocate abusively. It was further alleged that on one occasion the wife had surreptitiously stolen away the valuable papers which were kept in the car and were arrested for the same when her crime was proved.

The wife in turn in reply contended that she had never misbehaved with the husband and had not committed any cruelty but it was at the behest of the husband after an affair, they entered into wedlock. She further stated that the husband knowing fully well that she is a widow, the marriage was performed. She further stated that because of the wish and will of the husband, she underwent surgery to conceive the child, and thereafter child was born. It was further stated that after the birth of the child, the behavior of the husband became strange and for some reason or the other, he wanted to separate.

The Court mentioned the Supreme Court Ruling in Samar Ghosh Vs. Jaya Ghosh, 2007 Latest Caselaw 273 SC whereby it defined mental cruelty. As far as the issue of extra-marital affairs was concerned, it referred to Narendra Vs. K. Meena, 2016 Latest Caselaw 733 SC wherein it was held that when the assassination of character is made by either of the parties it would constitute mental cruelty for which a claim for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 would be sustainable.

After appreciating all the evidence and material on record opined that the Family Court Judgement needn’t be interfered with.

Read Complete Judgment: Click here

Source: Latestlaws.com