LI Network
Published on: 17 August 2023 at 16:15 IST
The Chhattisgarh High Court recently emphasized that when a husband engages in excessive alcohol consumption instead of fulfilling his responsibilities, it constitutes mental cruelty towards his wife and family, including his children.
This stance was taken in the case of [Payal Sharma vs Umesh Sharma], where Justices Goutam Bhaduri and Sanjay Agrawal granted the wife’s plea for the dissolution of her marriage based on cruelty.
The bench highlighted that the husband in this case failed to fulfill his duty to pay the school fees for his two children, even though his wife was not employed.
“It is natural for the wife to rely on the husband for household needs and the upbringing of her children, ensuring good education and quality of life.
If the husband, instead of fulfilling his obligations, succumbs to excessive drinking habits that negatively impact the family’s condition, it undoubtedly leads to mental cruelty towards the wife, family, and children,” the bench ruled.
The Court noted that several allegations of cruelty against the husband stemmed from his reported excessive drinking habits.
According to the submissions, the husband would abuse and assault his wife after consuming alcohol and becoming intoxicated. The situation escalated to the point where he allegedly sold household items to fund his alcohol consumption.
Additionally, the bench observed that although the couple had two children, the husband consistently neglected to pay their school fees. When the wife requested funds for the fees or other household necessities, she claimed that he verbally abused and physically assaulted her.
Given that the husband did not cross-examine the wife during the family court proceedings regarding these allegations, the High Court considered them to be accepted as true.
The Court stated that it can be reasonably concluded that the husband subjected his wife to mental cruelty.
“The wife’s behavior indicates that she attempted to salvage the marriage, as evidenced by her withdrawal of a previous divorce application on the same grounds of excessive drinking, based on the husband’s promise to improve his behavior,” the bench further remarked.
Based on these observations, the bench granted the dissolution of the couple’s marriage, which took place on February 2, 2006. The Court also ordered the husband to pay ₹15,000 per month as maintenance to the wife.
