In a significant judgment, the Bombay High Court clarified that if a wife accuses her husband of having an extra-marital affair and insults him in front of his friends, it amounts to mental cruelty. The court observed that such behavior deeply impacts the husband's self-respect and mental peace.
A division bench comprising Justice Revati Mohite-Dere and Dr. Neela Gokhale also remarked that refusing physical intimacy, showing apathy towards the husband's specially-abled sister, and misbehaving with his office staff also cause mental pain and fall under the definition of "cruelty."
"The husband is part of his family's business. The unrebutted evidence regarding the wife's misbehavior with his employees undoubtedly causes him agony. Similarly, insulting him in front of friends is cruelty. Moreover, indifferent behavior towards his specially-abled sister causes emotional pain to the husband and his family," the court stated.
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This appeal challenged a Family Court judgment dated November 28, 2019, passed in Pune, which granted divorce to the husband and rejected the wife’s petition seeking restitution of conjugal rights.
The couple got married on December 12, 2013, and separated just a year later on December 14, 2014. Initially, both had filed a joint divorce petition in April 2015, but the wife later claimed she was forced to consent and withdrew the plea in July. She subsequently lodged a police complaint against the husband and his family.
The husband submitted in court that the wife constantly argued with him, insulted him in front of friends, barged into his office and misbehaved with staff, and denied physical relations for the first four months of marriage. The wife allegedly called their wedding anniversary the biggest failure of her life.
In an attempt to save the relationship, the husband moved out of his family home and took a rented flat, inviting his wife to join him. However, she did not show up at the new residence.
"The husband made efforts to save the marriage. He rented a separate flat and invited the wife to live there, but she never came. This proves it was the wife who distanced herself from the relationship, not the husband," the court observed.
Calling the matter "unfortunate," the bench noted that multiple mediation attempts failed to reconcile the couple.
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"We made extensive efforts to bring both parties together. Several in-chamber sessions were held, but no resolution could be reached. We are now left with the responsibility to decide the fate of this marital relationship," the court explained.
Ultimately, the court concluded that the marriage had broken down irretrievably and legally stood dissolved. Therefore, the wife's appeal was dismissed.
Regarding the wife's demand of ₹1 lakh monthly maintenance, the court clarified that no such request had been made earlier before the Family Court, nor any evidence produced. Hence, this demand was also rejected.
The court referred to a Supreme Court decision which stated that the term “cruelty” does not have a fixed definition and should be interpreted based on the context and circumstances.
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Key Highlights
- The wife made false accusations and socially humiliated her husband.
- The husband made sincere efforts to save the marriage, which failed.
- No evidence supported the wife’s claim that the husband abandoned her.
- The wife's statement of being forced to sign mutual divorce lacked proof.
- The High Court upheld the Family Court’s ruling and dismissed the appeal.
"The couple has been living apart for nearly a decade. This marriage exists only in name and legally stands terminated," the bench concluded.
Case Title: PAB vs ARB (Family Court Appeal 53 of 2021)
Lead Advocates:
For the Wife: Advocates Usha Tanna, Hemal Ganatra, Rushda Patel
For the Husband: Advocates Vikramaditya Deshmukh, M.S. Khadilkar, Chinmay Page, Ashutosh Pawar