Recently, the Madhya Pradesh High Court ruled that a mother separating her daughter to speak against her father constitutes cruelty, emphasizing the seriousness of parental alienation. In a significant decision, the court highlighted the detrimental effects of such behavior on familial relationships.
Madhya Pradesh: Recently, the Madhya Pradesh High Court issued an order involving parental alienation and mental cruelty, emphasizing the detrimental effects of a mother separating a child from her father. In a division bench led by Justice Sheel Nagu and Justice Vinay Saraf, the court granted divorce to a husband who faced numerous criminal charges filed by his wife and was denied custody of their minor daughter.
The bench expressed grave concern over the wife’s actions, stating that she had crossed all boundaries by leveling allegations against her husband and his family members. The court’s inquiry revealed that since the birth of their daughter in 2014, the husband had been systematically prevented from meeting her, necessitating him to file a civil suit for custody.
“wife crossed all barriers in leveling allegations against husband and his family members”.
the bench reiterated
Despite court directives ordering the wife to facilitate meetings between the husband and their daughter, she consistently defied the orders. Drawing from recent observations by the Delhi and Kerala High Courts, the Madhya Pradesh High Court emphasized how influencing a child against one parent amounts to mental cruelty.
“In view of above, pronouncement of Delhi and Kerala High Courts and in the facts and circumstances of the present case, it can be safely observed that in present case also wife has tried to keep away husband from minor daughter and tutored her to speak against her own father. This is serious matter and definitely caused mental cruelty to husband,” the bench said.
Background
The husband initially filed a custody petition in the Jabalpur family court seeking access to his daughter, which was granted on May 18, 2017. Moreover, the wife’s reluctance to comply with court orders to enable meetings between the father and daughter was noted in divorce proceedings.
The court noted that the wife’s conduct, including leaving the matrimonial home shortly after marriage and persistently resisting reconciliation efforts, inflicted mental cruelty upon the husband. Despite attempts at mediation, the bitterness started with multiple FIRs and complaints lodged by both parties, rendering the marriage irretrievably broken.
“…marriage has irretrievably broken down due to multiple FIRs and complaints lodged by wife. Dissolution of marriage will relieve both sides of pain and anguish…Even if this court refuses decree of divorce to appellant husband, there are hardly any chances of respondent wife leading a happy life with appellant husband because a lot of bitterness created by conduct of respondent wife, which amounts to cruelty,” it said.
“So far as lodging of FIRs and filing of various criminal cases are concerned, all cases are still pending and any comment on merits of pending cases may prejudice interest of parties and create obstacle in just disposal of cases by competent courts, therefore this court refrains from giving any finding touching the merits of pending criminal cases,” The bench observed.
Acknowledging the pending criminal cases, the court refrained from commenting on their merits to ensure fair and unbiased proceedings. Advocate Sankalp Kochar represented the appellant, while Advocate Rajesh Maindireta appeared for the respondent.
CASE TITLE: Karandeep Vs. Gurshish
