Chhattisgarh High Court: Abusing Wife in Front of Childrens Constitutes Mental Cruelty

Chhattisgarh high court Law Insider

LI Network

Published on: November 16, 2023 at 11:15 IST

The Chhattisgarh High Court recently ruled that a husband verbally abusing his wife, who is a teacher, using filthy language in the presence of her students not only damages her societal image but also qualifies as mental cruelty under the Hindu Marriage Act.

A division bench comprising Justices Goutam Bhaduri and Deepak Kumar Tiwari allowed the divorce plea of a woman who sought separation from her husband on grounds of cruelty.

The court observed that the husband’s actions of assassinating the character of the wife, especially when she began teaching students at home, would naturally tarnish her image in society, particularly among the students. The bench noted that at their tender age, the students might lose respect for their teacher due to such derogatory remarks.

The case originated from an appeal filed by the woman challenging a November 2021 judgment by a Family Court in Raipur, which had initially dismissed her plea for divorce.

The woman, who was initially not accepted by her in-laws due to the nature of their love marriage, argued that her husband, who was unemployed, disapproved of her teaching job and accused her of having an illicit relationship with colleagues. Subsequently, she left her school job and began offering home tuitions.

However, the situation worsened as the husband continued to use abusive language, resulting in the discontinuation of students attending the home tuitions. The financial strain caused by the husband’s objection to her work led to a decline in their standard of living.

The court noted that the husband failed to present any evidence to counter the wife’s claims. It accepted the wife’s testimony that the husband’s objection to her working, combined with his suspicions about her character, amounted to mental and physical cruelty.

Related Post