RAIPUR: Taunting a husband for being unemployed during a financially vulnerable period amounts to mental cruelty , Chhattisgarh high court has ruled while granting divorce to a 52-year-old lawyer from Durg.
A division bench of Justice Rajani Dubey and Justice Amitendra Kishore Prasad set aside an Oct 2023 family court judgment that had dismissed his petition. The court held the wife's conduct - abandoning her husband and son without cause, taunting him during financial hardship and skipping proceedings - met the legal test for cruelty and desertion under the Hindu Marriage Act , 1955.
The couple married on Dec 26, 1996, in Bhilai. They have a 19-year-old daughter and 16-year-old son. Court records show the husband had helped his wife complete a PhD and secure a school principal's post.
His counsel said in court she became quarrelsome over minor issues and taunted him when court closures during the pandemic stalled his income. After a dispute in Aug 2020, she left with their daughter. He and the son tried to bring her back but were turned away.
The couple has lived apart since Sept 16, 2020. The judges said the marriage had "broken down irretrievably".
The court said her actions amounted to desertion as she left without justifiable cause and did not return despite efforts. It said she also remained absent through the proceedings, indicating intent to end the marriage.
"A spouse's behaviour, including verbal altercations and unreasonable demands, can constitute mental cruelty, warranting a decree of divorce," the bench said, while dissolving the marriage.
A division bench of Justice Rajani Dubey and Justice Amitendra Kishore Prasad set aside an Oct 2023 family court judgment that had dismissed his petition. The court held the wife's conduct - abandoning her husband and son without cause, taunting him during financial hardship and skipping proceedings - met the legal test for cruelty and desertion under the Hindu Marriage Act , 1955.
The couple married on Dec 26, 1996, in Bhilai. They have a 19-year-old daughter and 16-year-old son. Court records show the husband had helped his wife complete a PhD and secure a school principal's post.
His counsel said in court she became quarrelsome over minor issues and taunted him when court closures during the pandemic stalled his income. After a dispute in Aug 2020, she left with their daughter. He and the son tried to bring her back but were turned away.
The couple has lived apart since Sept 16, 2020. The judges said the marriage had "broken down irretrievably".
The court said her actions amounted to desertion as she left without justifiable cause and did not return despite efforts. It said she also remained absent through the proceedings, indicating intent to end the marriage.
"A spouse's behaviour, including verbal altercations and unreasonable demands, can constitute mental cruelty, warranting a decree of divorce," the bench said, while dissolving the marriage.
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