The Chhattisgarh High Court recently held that if a wife alleges an illicit relationship between her husband and his mother, it would amount to mental cruelty entitling him to divorce.
A two-judge bench of Justice Goutam Bhaduri and Justice Sanjay Agrawal quashed a March 2020 order given by a family court in Durg denying divorce to the appellant (husband).
The High Court highlighted that the wife had made allegations that her husband had an illicit relationship with his mother and her father-in-law was kept bad eye on her.
The bench opined that by such an allegation, the wife ‘assassinated’ the character of her own ‘mother-in-law’ and that the same cannot be sidelined by stating that it’s a kind of allegation made on the spur of the moment.
The Court held, “The nature of such statement destroys the reputation and value of the husband and wife in the eyes of each other and it cannot be said to be a normal wear and tear or isolated incident. When the wife affirms her statement made in the different forums wherein the sacred relation of mother & son is being attacked by such accusation certainly it would lead to mental cruelty.“
The couple had tied the knot on November 5, 2011, and shifted to Durgapur in West Bengal. The husband told the Court that after their wedding, his wife’s behavior towards him was not congenial and she used to hurl abuses at him as well as his mother. He also alleged that she often used to skip meal preparation and force him to either stay starved or eat at any restaurant or hotel.
The husband also claimed that his wife used to threaten him that she would file a false case against him. He also alleged that in December 2013, when the couple visited his parents’ home in Bhatapara in Chhattisgarh, she didn’t stay there for more than 2 days and instead chose to go to her parental house in Bhilai and never returned after that.
On the other hand, the wife denied all the allegations and claimed that since she was working, the family members of his husband had used to take her whole salary. Whenever she showed her desire to have a child, her husband refused the same, saying that they might have a female child.
She further claimed that in December 2013, when she came to Bhatapara from Durgapur, she was abandoned at Bilaspur Railway Station by her husband as he refused to take her with him and therefore, she went to her parental house. She also alleged that she was also being humiliated by saying her witchcraft.
After examining the arguments and the evidence on record, the Court noted that the wife had filed a case under Section 498a of the Indian Penal Code (IPC) in which the family members of the husband had been acquitted in the case.
While hearing the case, the bench also referred to the judgment of the Supreme Court in the case of Rani Narasimha Sastry vs Rani Suneela Rani wherein the apex court had held that a prosecution is launched against the husband on a complaint filed by the wife under Section 498a of IPC which ultimately led to acquittal. In such cases, it cannot be said that no cruelty was meted out to the husband.
Hence, the bench quashed the family court’s order and granted divorce to the couple.
The bench also ordered the husband to pay monthly maintenance of ₹35,000 to the wife.
Senior Advocate Sharmila Singhai with advocate PR Patankar appeared for the husband. On the other hand, Advocates Uttam Pandey, Jitendra Gupta, and Hari Om Rai appeared for the Wife.
Source: https://www.barandbench.com/news/accusing-husband-illicit-relationship-with-own-mother-cruelty-chhattisgarh-high-court