The Chhattisgarh High Court ruled that insulting a husband for being unemployed and making unfair demands during financial crisis amounts to mental cruelty. The Court granted divorce in favour of the husband after the wife failed to contest the case.
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BILASPUR: The Chhattisgarh High Court on August 18 held that insulting or taunting a husband for being unemployed, especially during a period of financial crisis, amounts to mental cruelty under the law.
The ruling came while allowing a man’s appeal for divorce.
A Bench of Justice Rajani Dubey and Justice Amitendra Kishore Prasad made this observation while setting aside the family court’s refusal to grant divorce.
The Court said:
“It has been clearly deposed that after obtaining a Ph.D. degree and securing a high-paying job as a Principal, the respondent’s behavior towards the appellant changed significantly. She became disrespectful, frequently taunted him for being unemployed during the COVID-19 pandemic, and engaged in repeated verbal altercations over trivial matters. These acts, including insults and humiliation during a time of financial vulnerability, clearly amount to mental cruelty as recognized under law.”
The Court further took note of the wife’s conduct in creating hostility between the children and the father, demanding unreasonably during financial strain, and finally leaving the matrimonial home.
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The Court said:
“Her behavior, including instigating the daughter against the father, making unfounded demands during a financially unstable period, and leaving the home with the daughter while abandoning the son, demonstrates a pattern of mental harassment and disregard for the matrimonial bond. It is also pertinent to note that no rebuttal or counterevidence has been filed by the respondent-wife. Her absence throughout the trial and appeal proceedings further strengthens the unrebutted nature of the appellant’s allegations. The Family Court failed to appreciate the legal implications of this uncontroverted evidence and wrongly concluded that cruelty was not established.”
Accordingly, the High Court allowed the appeal and granted divorce.
The case arose from the husband’s plea before the family court under Section 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act, citing cruelty and desertion.
He claimed that he had supported his wife in completing her Ph.D. and becoming a school principal.
However, after her employment, her attitude changed drastically. She allegedly became arrogant, often quarreled with him, insulted him about his joblessness during the COVID-19 pandemic, and mentally harassed him.
The husband further alleged that the wife influenced their daughter to turn against him and later left the matrimonial home with her daughter on August 2, 2020, while abandoning the son. She even informed him in writing that she was leaving voluntarily and cutting ties with both husband and son.
Despite repeated efforts by the husband and his son to bring her back, she refused to return. Later, even after being served notices in court proceedings, she chose not to appear or contest the claims.
The family court still dismissed the husband’s divorce petition despite his affidavit, witness statements, and documentary proof, including her written letter of desertion.
The High Court disagreed with this finding and ruled that her actions clearly showed both cruelty and desertion. Relying on settled legal precedents, the Court observed that the marriage had broken down beyond repair.
It held:
“Despite repeated efforts by the appellant to bring her back, including personal visits and phone calls, the respondent neither returned nor expressed any intention to resume marital life.”
Since the wife did not participate in the case, gave no explanation for her conduct, and even admitted in her own letter that she was severing ties, the Court finally granted a decree of divorce in favour of the husband.
- Advocate BP Singh appeared for the appellant.
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