Mumbai
The Bombay High Court has said in an important judgment that if a wife humiliates her husband in front of friends, refuses to have sex with her husband and accuses him of baseless extra marital affair, this conduct falls under the category of “cruelty” and is the right basis of divorce under the Hindu Marriage Act. A division bench of Justice Revathi Mohite Dera and Justice Dr. Neela Gokle gave the verdict on Thursday. The court was hearing the petition of a woman in which she challenged the Pune Family Court’s November 2019 verdict. The Pune Family Court in his judgment allowed the husband to divorce.
Separation within one year of marriage
The couple were married in December 2013, but within a year, the two separated due to mutual differences. In July 2015, the woman lodged a police complaint against her husband and in -laws, in which she made allegations of mental torture, having a woman and evacuating from the house. However, the woman later filed a petition for the ‘restoration of marital rights’ in the Family Court, in which she said that she does not want to end the marriage. On the contrary, the husband applied for divorce on the basis of cruelty and abandonment.
Husband made serious allegations
The husband said in the court that the wife not only refused to have sex with her, but also insulted her in front of her, accusing her of false extra marital affair. The husband said in the court that the wife used to treat her disabled sister inhumanly, which deteriorated her health. Not only this, he also abused the office staff, which caused mental pain to the husband.
High court rejected wife’s appeal
In 2019, the Pune Family Court dismissed the wife’s petition and divorced her husband. The woman appealed against this in the Bombay High Court in 2021 and also demanded maintenance of Rs 10,000 per month. The High Court tried to reconcile both sides several times for the agreement, but the matter did not happen. The court clarified that there was no possibility of reconciliation between the two and the wife’s allegations were found to be false on the basis of the evidence submitted in the court.
Court’s special comment
The court said, “Wife’s behavior with husband’s employees, insults of husband and false extra marital affair in front of friends are definitely mental pain and fall under the category of cruelty. Refusing sex with husband and indifference to the disabled sister is also a cause of mental torture.” Therefore, the court justified the decision of the family court and rejected the woman’s appeal and also rejected the demand for maintenance of Rs 10,000 per month.
