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If the husband instead of discharging his obligation indulges himself in excessive drinking habit which deteriorates the family condition, it would naturally lead to mental cruelty to the wife and the entire family including children, Court observed
A Division Bench of the Chhattisgarh High Court comprising Justice Goutam Bhaduri and Justice Sanjay S. Agrawal recently held that excessive drinking by husband amounts to mental cruelty. The court was hearing an appeal filed by the wife against order dated 30.10.2021, passed by Family Court, Raigarh wherein her application for divorce on grounds of mental cruelty was dismissed.
As per the appellant-wife, the husband was not doing anything to earn his livelihood and because of his drinking routine, the condition of the family was deteriorating day by day. He refused to pay the school fees of children and on being demanded the same, the appellant was threatened.
The parties entered into a marital relationship on 02.02.2006.
Dispute allegedly arose when out of excessive drinking, the husband started to assault his wife and put household goods at stake to serve his drinking habit.
On 26.05.2016, when the appellant was assaulted and abused by her husband in an intoxicated state, she moved to her parental home with the two children.
While dissolving the marriage and granting a decree of divorce in the favour of appellant, Court observed,
“It is very natural that the wife would depend upon the husband for her household need and to upbring her children to give a good education and life. If the husband instead of discharging his obligation indulges himself in excessive drinking habit, which deteriorates the family condition, it would naturally lead to a mental cruelty to the wife and the entire family including children.”
The husband did not put an appearance either before the Family Court or the High Court, however, a written submission was placed on record making counter allegations of mental cruelty against the wife.
“The conduct of the wife would show that she tried to save the marriage as otherwise in the earlier occasion the application seeking divorce on the similar ground of excessive drinking would not have been withdrawn on the promise of the husband that he would mend his behaviour”, Court added.
An amount of Rs. 15,000/- per month was further fixed as maintenance for minor children and wife.
Case Title: Payal Sharma v Umesh Sharma | FA (MAT) No. 4 of 2022
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