The Bombay High Court has ruled that falsely accusing a husband of being a “womaniser” and “alcoholic” without providing evidence is considered cruelty. This decision came as the court upheld a family court’s ruling that dissolved the marriage of a Pune-based couple.
The bench, consisting of Justices Nitin Jamdar and Sharmila Deshmukh, dismissed an appeal filed by a 50-year-old woman on October 12. The woman had challenged a 2005 family court order from Pune that granted divorce to her husband, a retired Army officer.
The husband initially filed for divorce in the family court, citing mental anguish caused by his wife. Following this, the wife approached the High Court to challenge the ruling. However, the husband passed away during the case, and the court instructed that his legal heir be added as a respondent.
In her appeal, the woman accused her husband of being an alcoholic and a womaniser, which she claimed had deprived her of her marital rights. However, the court found that she provided no evidence beyond her own claims to support these allegations.
The court referenced the husband’s testimony in the family court, where he mentioned that his wife had isolated him from his children and grandchildren. The High Court further noted that cruelty in legal terms includes behavior that causes significant mental suffering, making it unbearable for one party to continue living with the other.
The judges also highlighted the husband’s social standing as a retired Army Major, stating that the wife’s false accusations had damaged his reputation. The court concluded that this behavior constituted cruelty under Section 13 (1) (i-a) of the Hindu Marriage Act, affirming that the case was fit for divorce.
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