‘Attacking spouse’s character amounts to mental cruelty’

Observing that an unnecessary attack on the character of a spouse amounts to mental cruelty, as contemplated by the Hindu Marriage Act, 1955, the Bombay high court

Observing that an unnecessary attack on the character of a spouse amounts to mental cruelty, as contemplated by the Hindu Marriage Act, 1955, the Bombay high court (HC) on Wednesday granted divorce to an orthopaedic surgeon from Vasai on grounds of cruelty.

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A division bench of justice KK Tated and justice Sarang Kotwal granted divorce to the man after noticing his wife had levelled baseless allegations against him and his sister at some family functions and had also indulged in their character assassination in full view of their relatives.

The couple got married in March 2001 and according to the husband’s counsel, senior advocate Rajiv Chavan, their matrimonial life was going well initially. In June 2003, the couple had a daughter.

Disputes started after the woman started raising issues over financial matters and demanded a separate residence, away from her in-laws. In October 2004 the woman left the matrimonial home along with her daughter after her husband failed to meet her demands.

The husband added that after several meetings and attempts to persuade her, the woman returned to the matrimonial home in May 2007. The surgeon added that at that time, he and his family were residing in a rented flat at Mira Road and as the woman did not like the location, five months later she returned to her parents’ house at Vashi.

The husband then filed for divorce on the grounds of cruelty and desertion, and moved the HC after a family court rejected his petition.

The HC accepted arguments advanced on his behalf and granted him divorce after noticing that the woman not only alleged that the doctor had an extramarital relationship, but also maligned his sister and went to the extent of making an insinuation regarding the legitimacy of his sister’s child.

“Such extreme, unnecessary allegations made in bad taste would certainly amount to cruelty against the appellant [husband],” said the bench.

Besides, the bench also took into consideration the fact that the woman had filed a criminal complaint under section 498A (subjecting to cruelty) of the IPC against the man and his family members. The metropolitan magistrate court which heard the case, acquitted all the accused after recording a finding that the allegations levelled against them were false.