The unsubstantiated allegations levelled by wife and the threats and attempt to commit suicide amounted to mental cruelty: Supreme Court

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The unsubstantiated allegations levelled by wife and the threats and attempt to commit suicide amounted to mental cruelty: Supreme Court

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October 30, 2022
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Precedents!

The unsubstantiated allegations levelled by wife and the threats and attempt to commit suicide amounted to mental cruelty: Supreme Court

Date of Judgment: OCTOBER 06, 2016

NARENDRA (APPELLANT) vs. K. MEENA (RESPONDENT)

Bench: Justices ANIL R. DAVE and L. NAGESWARA RAO

CIVIL APPEAL NO.: 3253 OF 2008

In an important judgment related to family dispute Hon’ble Supreme Court observed that, “the unsubstantiated allegations levelled by the (Respondent) wife and the threats and attempt to commit suicide by her amounted to mental cruelty and therefore marriage deserves to be dissolved by decree of divorce”.

Legal Events:

The husband got decree of divorce from trial Court.
The divorce decree was set aside by High Court, Karnataka (8th March, 2006).
The present appeal was filed by appellant husband.

Facts of the Case:

Husband and wife was married on 26^th February, 1992, and out of wedlock a girl child was born on 13^th November, 1993
The Husband filed for divorce on the ground of cruel behavior of wife, her suspicious nature and frivolous allegations against the character and reputation of the husband (alleging the extra-marital affairs). This made the life of appellant miserable and it became impossible to live together.
The Respondent wife wanted to live separately from husband’s parents and other family members.
Another important allegation was that wife threatened time and again to commit suicide. In fact, she tried to do so.
Though Family Court found sufficient evidence to grant decree of divorce to the husband, The Hon’ble High Court came to the conclusion that there was no cruelty on the part of wife. Hence, the order was reversed. According to the High Court, the trial Court did not appreciate the evidence properly.

Observations:

The Hon’ble Supreme Court observed that it didn’t agree with the manner in which High Court has re-appreciated the evidences, and derived different conclusions. The Hon’ble Apex Court agreed with the decision of the Family Court.

Since it was established that wife indeed attempted to commit suicide, it was observed that, “No husband would ever be comfortable with or tolerate such an act by his wife and if the wife succeeds in committing suicide, then one can imagine how a poor husband would get entangled into the clutches of law, which would virtually ruin his sanity, peace of mind, career and probably his entire life. The mere idea with regard to facing legal consequences would put a husband under tremendous stress”.

Citing the catena of consecution of cases (mentioned below), The Hon’ble Supreme Court remarked that, “In normal circumstances, a wife is expected to be with the family of the husband after the marriage. She becomes integral to and forms part of the family of the husband and normally without any justifiable strong reason, she would never insist that her husband should get separated from the family and live only with her”.

Pankaj Mahajan v. Dimple @ Kajal (2011) 12 SCC 1,
Vijaykumar Ramchandra Bhate v. Neela Vijaykumar Bhate, 2003 (6) SCC 334

It is also not in dispute that the Respondent wife had left the matrimonial house on 12^th July, 1995 i.e. more than 20 years back. Though not on record, the learned counsel submitted that till today, the Respondent wife is not staying with the Appellant.

The Hon’ble Supreme Court quashed and set aside the impugned judgment delivered by the High Court. The decree of divorce dated 17th November, 2001 passed by the Principal Judge, Family Court, Bangalore in M.C. No.603 of 1995 is hereby restored.

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