A spouse can file a divorce petition against the other, and the other spouse can either give the divorce on mutual grounds or challenge the petition in the court if the person does not want to give divorce. A divorce petition can be filed on the grounds of adultery, desertion, renunciation, cruelty or conversion to another religion. Today the case which we are going to discuss is based on the ground of cruelty which is basically dealing with separating husband from his family by wife.
Facts and Issues
The appeal was filed by husband in the Supreme Court of India against the decision given by High Court of Karnataka which turned down his divorce plea against his wife on the ground of cruelty. The parties got married in February 1992; they also had a daughter who was born after a year of their marriage. They had uneven times in their marriage since the commencement of marriage as husband stated that they didn’t live happily even for a month after the marriage. Due to the problems faced by husband, regular fights, suspicious nature of his wife and the serious charges which she placed on her husband, the husband filed a divorce decree in the Trial Court. The wife even charged husband of having extra-marital affair with their housemaid, moreover she forced him to leave his parents and live separately and independently. She also threatened him, that she would commit suicide if her wishes were not fulfilled. She also tried to commit suicide in 1995, after having a fight with her husband, she went to washroom and poured kerosene on herself, but fortunately she was saved by her husband, his brother and neighbours.
The couple faced a long legal battle since November 2001, the husband first filed divorce petition in Trial Court where the Court granted him the decree after considering the facts, but the wife appealed in the High Court of Karnataka against the decision of Trial Court and in 2006, High Court of Karnataka set aside the decision of Trial Court, the husband then filed in the Supreme Court of India, the apex court, in order to get justice and try the last time.
The witnesses and neighbours of the couple also stated that husband saved the wife when she tried to commit suicide and there was no purpose or mistake of the husband in encouraging his wife to attempt suicide. Furthermore, the accusation charged by the wife about the affair of her husband was also found to be groundless as there was no maid working in their house, her demands were also irrational and she also deserted the husband after her attempt to suicide. Hence the Trial Court passed the husbands decree of divorce after observing all the facts.
Decision
After all the arguments stated by both sides and observing the witnesses, the court observed that there was no fault of husband and any reason for wife to attempt to commit suicide, but wife’s actions would have led to disturbed mind and sanity of husband and which amounts to mental cruelty and husband thus can get his decree of divorce on the ground of cruelty passed by the court.
Moreover, in India it is a culture that son supports his parents and does not abandon them after his marriage and especially when he is the only one earning in the house, but the wife again and again forced him to leave his parents and live separately. Western thoughts of attaining majority and marrying and getting separate family does not work in India, here a son who is brought up by his parents is ethically and legally obligated to take care of them, that’s why a wife is expected to live with the family of husband as she becomes a family member of the husbands family and without any realistic reason she is not authorized to force husband to live independently. If the wife wants to live separately ad independently with her husband then she should have a justifiable reason to back her request but in this case the wife only wanted to live separately so that they could use the earning of the husband to fullest and according to their needs and wants, which was not considered a valid and strong reason by the court as the parents would be left alone and the son was the only bread-earner in the family so he was obligated to serve his parents, mere monetary consideration could not be counted as a valid reason for separation from the family.
In the court’s opinion, no husband would tolerate the actions and acts done by the wife in this case and no son would want to leave his old parents, who are dependent upon his income. The continues effort of the wife of being separated would have disturbed the husband and his mental peace, thus the Supreme Court of India also decided in favour of the husband like Trial Court and passed the decree of divorce and concluded that it constituted the acts of cruelty.
Some case laws which were referred
In Vijaykumar Ramchandra Bhate v. Neela Vijaykumar Bhate,
It was held that charging filthy accusations of unchastely and allegations of extramarital relationship is a critical assault on the character, reputation, status as well as the health of the wife.
In Mrs. Deepalakshmi Saehia Zingade vs. Sachi Rameshrao Zingade,
The Court ruled that a false case against husband would be counted as cruelty against him as in this case the wife filed a false case on the ground that husband was having extra-marital affair but she could not proved it right.
In Smt. Bhawna vs. Vijaykumar,
The Mumbai High Court dismissed the appeal of the wife and held with the verdict of the Family Court. The High Court stated that wife’s ‘demand of living separately, forcing the Husband to leave his parents and also the threat of suicide ‘as mental cruelty and divorce can be granted on the same ground
