'Calling Husband Unemployed, Humiliating Him Is Mental Cruelty': Chhattisgarh HC Dissolves Marriage
Court noted that after securing a high-paying job, the wife taunted her husband’s joblessness during the pandemic and subjected him to repeated humiliation;
The Chhattisgarh High Court on August 18, 2025 dissolved the nearly three-decade-old marriage of a Durg-based couple, holding that the wife’s conduct amounted to mental cruelty and desertion.
The division bench of Justice Rajani Dubey and Justice Amitendra Kishore Prasad allowed the appeal of Anil Kumar Sonmani @ Anil Swami and granted him divorce, setting aside the Family Court’s earlier refusal.
The couple married on December 26, 1996, in Bhilai. They have two children, a daughter, aged 19, who resides with the mother, and a son, aged 16, who stays with the father. Trouble brewed after the wife, Shradha Tiwari (Sonmani), obtained a Ph.D. and secured employment as Principal of Dream India School, Kurud. The husband, an advocate, struggled financially during the COVID-19 pandemic when courts remained shut. According to his petition, instead of support, he faced constant taunts, humiliation, and unreasonable demands from his wife, who allegedly called him unemployed.
The situation worsened in 2020. On August 2, Shradha left the matrimonial home with her daughter and belongings. Though she briefly returned, she left again on September 16, leaving behind a signed letter declaring her decision to permanently sever ties with her husband and son. She also submitted a letter to the Mahila Police Station, Sector-6 Bhilai, affirming that her departure was voluntary and that no one was to be blamed.
Faced with her refusal to return, the husband filed for divorce under Section 13 of the Hindu Marriage Act on grounds of cruelty and desertion. However, the Family Court in Durg dismissed his plea on October 25, 2023, relying on a counseling report that suggested the wife wanted to continue the marriage. Importantly, the wife never filed a written statement, entered the witness box, or contested the matter despite being served summons.
Challenging the order, Sonmani approached the High Court. He submitted affidavits, oral evidence, and documents, including the wife’s letter, which the bench found crucial in establishing her intent to abandon the marriage.
Court observed that the wife’s repeated insults during his financial crisis, her unilateral decision to leave, and her act of influencing their daughter against him constituted mental cruelty.
Court noted, "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".
“Since the parties have been residing separately and there is no possibility of their reunion, this Court is of the view that there has been an irretrievable breakdown of the marriage, beyond any scope of repair,” the court held.
Accordingly, the High Court dissolved the marriage. It also criticized the Family Court for relying on an unexhibited mediation report while ignoring uncontroverted evidence.
Case Title: Anil Kumar Sonmani @ Anil Swami vs. Shradha Tiwari (Sonmani)
Order Date: August 18, 2025
Bench: Justice Rajani Dubey and Justice Amitendra Kishore Prasad