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A husband cannot seek divorce claiming mental cruelty on the grounds that his wife does her household chores in midnight, doesn't prepare his tiffin and chews tobacco, held the Nagpur Bench of the Bombay High Court recently. The HC accordingly dismissed the plea of a man seeking divorce from his wife on these grounds.

A Bench of Justices Atul Chandurkar and Pushpa Ganediwala dismissed the plea of a man, who sought divorce on the grounds that his wife was a habitual tobacco consumer and that she did not prepare tiffin for him.

"The allegations that the wife was not doing household work, quarreling with his family members without any reason, visiting her parental home without his permission, not preparing his tiffin etc., in the considered view of this court, are not sufficient to form any opinion that the husband is undergoing acute mental pain, agony, suffering, disappointment and frustration and therefore it is not possible for him to live in the company of his wife," the judges said.

"All these allegations levelled by the husband are general and omnibus in nature," the bench said, adding that "it is a normal wear and tear of a married life."

The Bench particularly took into account the allegation that the wife chewed tobacco and had developed a cyst in her stomach. The bench also noted the contents of that he spent huge amounts for her treatment.

"It is a specific allegation of the husband that since his wife was having a habit of chewing tobacco, he was required to spend lot of money for her medical treatment. However, he failed to bring on record the medical papers and bills in support of this contention," the Bench said.

The bench also considered the fact that the wife did not leave her husband's company for two continuous years, when he was detected with HIV and left his house only after his family harassed her.

The judges while further noting that the couple has two children, said, "The contentions of the husband are not so grave and weighty so as to dissolve the marriage. If the marriage is dissolved, the children would suffer a great loss, and their welfare will affect, and in the best interest of their children, the marital tie shall remain intact."

[This story first appeared on The Free Press Journal]