Falsely Calling Husband a Womaniser and Alcoholic Is Cruelty, Rules Bombay High Court
The Bombay High Court has ruled that calling a husband a womaniser and alcoholic without proof amounts to cruelty. The court upheld a family court’s decision to grant divorce to a retired Army officer from Pune.
A division bench of Justices Nitin Jamdar and Sharmila Deshmukh passed the order on October 12, rejecting an appeal by a 50-year-old woman who had challenged a 2005 divorce decree issued by the Pune family court.
Her husband had earlier sought divorce, claiming he suffered mental harassment and emotional pain due to the woman’s behavior and false accusations. During the case, the husband passed away, and the court added his legal heir as a respondent.
In her appeal, the woman alleged that her husband was a womaniser and alcoholic, which caused her loss of conjugal rights. However, the court noted that she failed to provide any evidence to back these claims.
No Evidence, Just Blame
The judges observed that except for her own statements, the woman did not present any proof to support the serious accusations. On the other hand, her husband had stated in court that she isolated him from his children and grandchildren.
“Cruelty in marriage includes behavior that causes mental pain and suffering to the extent that living together becomes impossible,” the court said.
The bench further highlighted that the husband was a respected ex-Army officer, who had retired as a Major and was held in high esteem in society.
“Making baseless and damaging allegations about his character, calling him an alcoholic and womaniser, harmed his reputation and social image,” the judges noted.
Divorce Justified Under Hindu Marriage Act
The court stated that this behavior clearly falls under cruelty as defined in Section 13(1)(i-a) of the Hindu Marriage Act, making it a valid ground for granting divorce.
“This is a clear case of cruelty. The family court’s decision to allow the divorce was correct,” the High Court concluded.
Case Title: [Name withheld] (Due to privacy concerns for deceased and parties involved)
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