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Synopsis

The Bombay High Court has ruled that threatening or attempting suicide by a spouse amounts to cruelty and constitutes a valid ground for divorce under the Hindu Marriage Act.

The High Court’s Aurangabad Bench, presided over by Justice R.M. Joshi, dismissed the appeal filed by the wife, challenging the decree of divorce granted in favour of her husband, finding no perversity in the order of the trial court.

“Here in this case, husband has not only made allegation that wife used to threaten him and his family to send them to jail by committing suicide but infact 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,” the court noted.

The husband alleged that after their marriage, on April 15, 2009, the wife’s parents frequently interfered in their marital life. On October 17, 2010, the wife left the matrimonial home without any intimation and later insulted the husband and his family when they visited her parental home. The husband further claimed that his wife falsely accused his father of outraging her modesty and frequently threatened to commit suicide to implicate him and his family in legal cases. It was also alleged that the wife attempted suicide by cutting her veins and later concealed the injury marks by applying mehendi when appearing in court.

The wife denied the allegations, asserting that the husband’s father was addicted to alcohol, abusive, and physically violent towards her. It was argued that the alleged cruelty is not sufficient to grant decree of divorce and the decree of divorce cannot be granted on any allegation of cruelty which is not substantive in nature. It was further contended that the evidence was not properly appreciated and that the trial courts had erred in their findings.

The High Court observed that the wife’s conduct, including her threats and suicide attempt, amounted to cruelty sufficient to justify a decree of divorce.

The court held, “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.”

Consequently, the court dismissed the wife’s appeal for lack of any substantial question of law.

 

Cause Title: Vaishali Nitin Chavan vs. Nitin Shankarrao Chavan [SECOND APPEAL NO. 268 OF 2018]

Appearance: Mr. M. P. Tripathi, Advocate holding for Mr. N. B. Khandare, Advocate for Appellant.; Mr. Kshitij Surve, Advocate holding for Mr. Hemant Surve, Advocate for the Respondent.