LI Network
Published on: 16 September 2023 at 12:54 IST
The Bombay High Court recently issued an observation regarding the use of common Marathi phrases like “तुला अक्कल नाही, तू वेडी आहेस” (you have no sense, you are crazy), emphasizing that such expressions should not be deemed abusive or offensive unless they are proven to have been used with the intention to humiliate or insult someone.
In a case where a wife had accused her husband of mental and physical abuse, including the use of the aforementioned phrase, the court held that without substantiated evidence demonstrating the context in which such utterances occurred, the accusations would be regarded as cruelty.
A division bench consisting of Justices Nitin Sambre and Sharmila Deshmukh explained that when Marathi-speaking individuals communicate in their native language at home, it is not uncommon for such phrases to be exchanged. Therefore, they should not be considered abusive unless it can be established that they were used with the intent to humiliate or insult.
The court also noted that the wife had failed to provide supporting details of the incidents in which these phrases were allegedly used. As a result, merely quoting the phrases was insufficient to prove abusive language.
The judgment arose from an appeal by the husband, challenging a family court’s decision to deny him a divorce. The wife had asserted that the husband subjected her to mental and physical abuse, citing instances where he allegedly used the phrase in question and berated her for asking to go on outings.
The husband countered these allegations by asserting that his wife’s behavior constituted cruelty, and he pointed to the criminal case she had filed against him with unsubstantiated claims as evidence.
The High Court took note that the wife filed the first information report (FIR) after the evidence had been examined in the divorce case before the family court. The High Court’s assessment of the FIR indicated that it contained false accusations against the husband, which were not supported by her testimony during the trial.
The court concluded that the wife’s baseless allegations, including accusations of an illicit relationship, dowry demands, and foul language, without any substantiation, constituted cruelty. Moreover, the court held that such allegations had subjected the husband to significant emotional distress, falling within the purview of Section 13(1)(i-a) of the Hindu Marriage Act. Consequently, the court granted the husband a divorce.
Also Read: All you need to know about Divorce Law in India – Law Insider India