The Bombay High Court ruled that a spouse’s suicide threats or attempts constitute cruelty and can be grounds for divorce under the Hindu Marriage Act.
Justice R.M. Joshi dismissed a woman’s second appeal challenging a Family Court’s decision, which had granted divorce to the husband, citing cruelty by the wife.
The judge observed that, according to the husband’s claims, his wife frequently threatened him and his elderly parents with false allegations by attempting suicide. He further alleged that she once tried to cut her veins and, to conceal the injury when called to testify, she applied mehendi on her hands to hide the mark.
“The husband has not only made allegation that wife used to threaten him and his family to send them to jail by committing suicide but in fact that attempt was made. Such an act on the part of spouse would amount to such a cruelty that it becomes a ground for decree of divorce,” Justice Joshi held in the order passed on February 20.
The husband claimed that his wife accused his father of outraging her modesty, alleging that he was an alcoholic who frequently abused and attempted to assault her.
However, Justice Joshi, after reviewing the records of both the Trial Court and the Appellate Court, noted that the wife failed to substantiate her allegations against the husband and his father, and was also unable to refute the accusations made against her.
The husband claimed that his wife accused his father of outraging her modesty, alleging that he was an alcoholic who frequently abused and attempted to assault her.
However, Justice Joshi, after reviewing the records of both the Trial Court and the Appellate Court, noted that the wife failed to substantiate her allegations against the husband and his father, and was also unable to refute the accusations made against her.
“In any case, perusal of the evidence on record shows that the findings of the Trial Court for granting dissolution of marriage confirmed by the First Appellate Court are consistent with the same. Thus, no perversity is seen in the said findings to cause any interference therein. Thus, for want of any perversity or involvement of substantial question of law in this appeal, the instant appeal stands dismissed,” the judge ordered.
Based on these observations, the bench rejected the appeal.