Cruel of wife to divide man, family, says Bombay high court

The judge held that if the cumulative effect of the acts of cruelty on part of a spouse makes the life of the other miserable and making it impossible for the other to stay together, a decree of divorce can be granted on the ground of cruelty.

Persistent efforts of a wife to force her husband into getting separated from his family constitutes as an act of cruelty and a ground for man seeking divorce under provisions of the Hindu Marriage Act, 1956, the Bombay high court said.

The Bombay high court said the wife used to frequently pick fights with her husband, snatch his collar, abuse him and his parents in filthy language. (HT File Photo)

While upholding an order of a district judge in Kalyan granting divorce to a 39-year-old Dahisar resident from his wife on grounds of cruelty, Justice RD Dhanuka said the wife used to frequently pick fights with her husband, snatch his collar, abuse him and his parents in filthy language, and had made his life miserable while disturbing the peace of the family.

The couple got married in December 2002 as per Hindu Vedic rites, and was residing at Dombivli, along with the man’s parents. They later had a daughter and when the husband went to USA, the wife and the daughter joined him there. She, however, exhibited displeasure when her in-laws visited their son’s place in America. The couple’s relations soured after they returned to India in January 2006 and again started residing with the man’s parents.

Two years later, the husband approached the local court at Kalyan seeking divorce on the ground of cruelty. The local civil court, however, rejected his plea terming the frequent fights and constant nagging by wife as a part of married life. The husband then appealed against it in the district court in Kalyan, who accepted his plea and held that the conduct of the wife amounted to mental cruelty and granted him divorce.

On December 20, Justice RD Dhanuka rejected the wife’s appeal challenging the order of the district judge. The judge held that if the cumulative effect of the acts of cruelty on part of a spouse makes the life of the other miserable and making it impossible for the other to stay together, a decree of divorce can be granted on the ground of cruelty.

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