The Chhattisgarh High Court has ruled that insulting and humiliating a husband for being unemployed during financial hardship amounts to mental cruelty under the Hindu Marriage Act, 1955.
The case was based on a husband’s divorce petition under Section 13(1)(i-a) (cruelty) and Section 13(1)(i-b) (desertion). He claimed that he had supported his wife in completing her Ph.D., after which she secured a position as a school principal. However, her behaviour changed drastically once she became employed.
According to him, the wife became arrogant, constantly quarreled, and taunted him about being jobless during the COVID-19 pandemic. She also influenced their daughter against him and, on August 2, 2020, left the matrimonial home with their daughter while abandoning their son. In a written note, she admitted that she was leaving voluntarily and cutting ties with both her husband and son.
Despite repeated requests from the husband and his son, she refused to return. Even after receiving court notices, she did not appear or contest the case. The family court initially dismissed the husband’s divorce plea, ignoring his affidavit, witnesses, and her written admission of desertion.
On appeal, a division bench of Justice Rajani Dubey and Justice Amitendra Kishore Prasad set aside the family court’s order. The High Court held that her conduct clearly amounted to cruelty and desertion, observing that the marriage had irretrievably broken down.
The bench stated:
“After obtaining her Ph.D. and securing a high-paying job, the wife’s behaviour changed. She disrespected the husband, repeatedly taunted him for being unemployed during COVID-19, and insulted him during financial distress. Such acts constitute mental cruelty under law.”
The Court therefore granted a decree of divorce in favour of the husband, reaffirming that insults during financial struggles can amount to mental cruelty.
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