In a significant ruling, the Chhattisgarh High Court has overturned a family court's decision and granted a divorce to a doctor on the grounds of mental cruelty inflicted by his wife, who is also a medical professional. The verdict brings an end to the couple's 18-year marriage.
Court Overturns Family Court's 2023 Order
A division bench comprising Justice Rajani Dubey and Justice Amitendra Kishore Prasad set aside the family court's November 2023 order, which had dismissed the husband's petition for divorce. The high court delivered its judgment on Friday, allowing the appeal filed by the husband.
The bench firmly held that the wife's "serious and reckless allegations" against her husband constituted cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The court emphasized that levelling baseless accusations of unchastity is a grave assault on a spouse's character and reputation.
A Marriage Marred by Allegations and Counter-Allegations
The couple, both doctors, had tied the knot on July 6, 2008, in Raigarh district and are parents to a daughter born in 2012. The appellant-husband, now residing in Sarangarh-Bilaigarh district, claimed that marital discord began immediately after their honeymoon.
In his petition, he alleged that his wife refused cohabitation, behaved abusively, and even attempted to strangulate him in 2009 and attacked him with a knife in 2014. He also stated that she suffered from night-time enuresis but refused treatment and denied him access to their daughter.
The respondent-wife, employed in Durg, countered these claims. She accused her husband of being secretive, avoiding stable employment, and maintaining an illicit relationship with another woman. She further alleged that this woman created a nuisance at her residence in June 2019.
Desertion Plea Rejected, But Cruelty Upheld
The high court rejected the husband's ground of desertion, noting that the couple had continued to interact and even went for joint outings, including watching a movie in Raipur in 2019. This interaction fell short of the statutory two-year period required to prove desertion.
However, the bench focused intently on the issue of mental cruelty. It observed that the family court had erred by ignoring the wife's written statement and oral testimony, where she accused the husband of an extra-marital affair. Critically, the husband had offered no rebuttal or explanation to these serious allegations.
Citing Supreme Court precedents, the bench noted, "Levelling disgusting accusations of unchastity and indecent familiarity is a grave assault on the character, honour and reputation of a spouse and amounts to the worst form of insult and cruelty."
The court ruled that these allegations in pleadings and evidence constituted mental cruelty, even in the absence of formal police complaints about the alleged physical assaults. It acknowledged that domestic disputes often do not escalate into criminal proceedings.
Financial Settlement and Custody
While granting the divorce decree on the grounds of cruelty, the high court also addressed the financial aspects. Considering that both parties are employed and that their minor daughter remains in the mother's custody, the court directed the husband to pay Rs 25 lakh as a one-time permanent alimony to his former wife.
The amount must be paid within six months to prevent any future litigation over financial matters. This ruling balances the legal finding of cruelty with the economic realities and parental responsibilities of the estranged couple.
