The Madhya Pradesh High Court reaffirmed that a spouse engaging in indecent or vulgar conversations with individuals of the opposite gender post-marriage can be considered an act of mental cruelty. The Indore Bench of the High Court upheld a divorce decree passed by the Family Court, dissolving a marriage under Section 13 of the Hindu Marriage Act, 1955.
The division bench of Justice Vivek Rusia and Justice Gajendra Singh stated:
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"No husband would tolerate that his wife is in conversation through mobile by way of vulgar chatting. After marriage, both husband and wife have the freedom to communicate with friends, but the level of conversation should be decent and dignified, especially when it involves the opposite gender."
The court ruled that if a spouse continues such behavior despite objections, it amounts to mental cruelty, justifying divorce under family law.
Case Background
The case originated from an appeal filed by the appellant-wife under Section 19(1) of the Family Court Act, 1984. She contested the judgment of the Additional Principal Judge, Family Court, Ujjain, which had granted her husband's petition for divorce.
The respondent-husband, who works as a bank manager, alleged that his wife started misbehaving with his mother immediately after their marriage. Within just one and a half months, she left the matrimonial home and refused to return.
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According to him, she engaged in conversations with two former lovers over WhatsApp, where she discussed personal and intimate details about their marital relationship. When he came across these chats, he found them to be vulgar in nature, which caused him extreme distress.
He further claimed that his wife frequently used abusive language against his mother and even neglected her when she suffered a fracture. When he confronted her about these issues, she allegedly threatened him with false legal accusations.
The husband initially lodged a police complaint, which resulted in a compromise, where the wife agreed in writing to refrain from such actions in the future. However, the behavior did not change, prompting him to file for divorce on the grounds of mental cruelty.
The appellant-wife denied all allegations, claiming that her husband hacked her phone and fabricated evidence.
- She argued that the WhatsApp messages were manipulated and that the allegations were baseless.
- She also accused her husband of domestic violence, dowry demands of ₹25 lakh, and emotional abuse.
Despite her claims, the Family Court found no evidence to support her counter-allegations.
After reviewing the evidence, which included WhatsApp chats, statements from the appellant’s father, and testimonies from both parties as well as the respondent’s mother, the High Court upheld the Family Court’s ruling. The court concluded that the wife's behavior amounted to mental cruelty, as her actions caused significant distress to her husband and disrupted their marital relationship.
The Court noted that the wife’s father, a senior lawyer, admitted that his daughter was habitually engaging in inappropriate conversations with other men. The father’s statement was presented as evidence in the Family Court, and the appellant did not deny it entirely.
"It is not expected from a wife or husband to engage in undignified or indecent conversations after marriage. If such behavior persists despite objections, it causes mental cruelty."
Furthermore, the court observed that there was no counterblast in the form of an FIR or a domestic violence complaint against the husband, confirming that the wife’s allegations were not credible
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After considering all aspects, the Madhya Pradesh High Court dismissed the wife’s appeal, stating:
"The respondent has certainly made out a case that the appellant committed mental cruelty upon him. The learned counsel for the appellant failed to point out any perversity in the findings recorded by the Family Court."
Thus, the divorce granted by the Family Court was upheld, and the appeal was dismissed.
Case Title: R Versus S, First Appeal No. 1605 Of 2023
