The Chhattisgarh High Court recently held that taunting a husband for being unemployed and making unreasonable demands when he is going through financial hardship amounts to mental cruelty..A Bench Justice Rajani Dubey and Justice Amitendra Kishore Prasad made the observation while granting divorce to a man."It has been clearly deposed that after obtaining a Ph.D. degree and securing a high-paying job as a Principal, the respondent’s behavior towards the appellant changed significantly. She became disrespectful, frequently taunted him for being unemployed during the COVID-19 pandemic, and engaged in repeated verbal altercations over trivial matters. These acts, including insults and humiliation during a time of financial vulnerability, clearly amount to mental cruelty as recognized under law," the Court said in its order of August 18..The Court further observed that the wife's conduct, turning the daughter against the father, making unreasonable demands during financial strain, and leaving home with the daughter while abandoning the son, reflected mental harassment and disregard for the marriage."Her behavior, including instigating the daughter against the father, making unfounded demands during a financially unstable period, and leaving the home with the daughter while abandoning the son, demonstrates a pattern of mental harassment and disregard for the matrimonial bond. It is also pertinent to note that no rebuttal or counterevidence has been filed by the respondent-wife. Her absence throughout the trial and appeal proceedings further strengthens the unrebutted nature of the appellant's allegations. The Family Court failed to appreciate the legal implications of this uncontroverted evidence and wrongly concluded that cruelty was not established," the Court observed.Hence, it set aside a family court’s refusal to allow the husband's plea for divorce..The Court was hearing an appeal filed by the husband against an order of the family court which had dismissed his divorce petition under section 13(1)(i-b) of the Hindu Marriage Act The husband had moved the family court for divorce on the grounds of cruelty and desertion.The husband alleged that after obtaining her PhD and getting employed as a school principal with his support, the wife’s behaviour changed. She became arrogant, frequently quarreled with him, taunted him about his job and harassed him during the COVID- pandemic when his income ceased. She allegedly influenced their daughter to turn against him, made unreasonable demands and eventually left the matrimonial home with daughter on August 2, 2020.She later informed him that she was leaving voluntarily and severing ties with the husband and son..Despite repeated efforts by the husband and his son, she did not return.Further, the wife was duly served notice in the court proceedings but failed to appear or file any response. The family court proceeded ex-parte and, despite the husband producing oral and documentary evidence, dismissed the plea.Aggrieved, the husband filed the present appeal, relying on his own affidavit, supporting witness testimony, and documentary evidence including the wife’s letter confirming voluntary desertion..At the outset, the Court held that such conduct by wife, combined with her letter expressly stating her intention to sever ties, clearly established both cruelty and desertion under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act.Relying on precedents, the Court found that the marriage had irretrievably broken down."Despite repeated efforts by the appellant to bring her back, including personal visits and phone calls, the respondent neither returned nor expressed any intention to resume marital life," the Court observed..Since the wife neither contested the proceedings nor offered any justification for her conduct, the decree of divorce was granted in the husband’s favour.Advocate BP Singh appeared for the appellant..[Read Order]
