Indian court allows divorce, rules that insisting husband to get separated from parents is mental cruelty

An Indian court has granted a decree of divorce on the grounds of mental cruelty to the husband. This verdict was given by the Indian state Chhattisgarh High Court.

The court ruled that if the wife insists that the husband should get separated from his parents and threatens to implicate him in a fake dowry demand case, it will be considered mental cruelty.

Justice Goutam Bhaduri and Justice NK Chandravanshi heard a petition filed by a husband, who challenged the order passed by a Family Court in 2017. Under this order, his plea to seek divorce on the grounds of cruelty was denied. The judges observed that the couple’s marriage worked for two months barely. The wife would often leave her matrimonial house because she wanted to live with her husband alone. While her husband made several attempts to reconcile, she rejected them.

The High Court remarked that in lower-middle-class families, it is the eldest son’s duty to look after his aged parents. This was also what the petitioner had said in his statement. However, in such situations, if the wife continuously tries to create constraints in order to separate the husband from his family and live with her at her parent’s house, while also threatening him with filing a fraudulent case, then it will count as mental cruelty to the husband. The Family Court’s decision was unjustified, the court remarked.

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