Shivani Thakur
Published on: April 20, 2022 at 16:20 IST
The Chhattisgarh High Court held that if a spouse made Extra Marital Affair allegations on his or her partner without any proof, it would amount to Cruelty.
The High Court further held that if a wife takes loans by pledging ornaments meant for her daughter’s wedding without informing the husband, that would also amount to Mental Cruelty.
A Bench of Justices Goutam Bhaduri and NK Chandrawanshi was hearing an Appeal filed by a husband challenging the Family Court Order, which refuse to grant Divorce on the Ground of Cruelty and Desertion.
“It is obvious that to suffer an allegation pertaining to once character of having an extra Marital Affair is quite tortuous for any person and whereas inconsistently in the Statement and only allegation of Extra Marital Affair is raised by the wife casually against the husband certainly which always has a bad impact in image of a person qua the society, therefore, would amount to Mental Cruelty,” the Court held.
According to the husband’s Petition, his start living separately on September 15, 2021. The husband in his Plea alleged that his wife had taken around ₹10 to 12 lakh loan from various persons.
On the other hand, the wife alleged that her husband had an extra marital affair with a woman living in the neighborhood. She further alleged that because of this affair, her husband drove her out of her matrimonial house.
While hearing the Petition, the Court observed,
“The conduct of the wife which has been projected and incidentally the children, who have supported such fact against the mother that she without the knowledge of her husband has done away with the security of the marriage of the daughter and has obtained amount from the Creditor by pledging the ornaments meant for the marriage of the daughter would certainly cause apprehension & fear and create financial pressure on the mind of the father as we cannot also forget the hard reality which exists in the society to present a girl during the marriage with ornaments,”
The Court also stated that,
“Consequently, if a spouse by her own conduct, in such a way without caring about the future of the daughter, parts with the ornaments which were meant for the marriage, it will be within the ambit of Mental Cruelty done by the wife,”
The Court, therefore, allowed the Plea and granted on the Ground of Cruelty stated in Section 13(1) (I-A) of the Hindu Marriage Act, 1955.