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Denying Spouse Social Media Access and Damaging Reputation Can Be Cruelty: Telangana HC

The Telangana High Court has ruled that harming a spouse’s reputation, social standing, or career prospects can be considered cruelty in a marriage. The court also stated that denying a spouse access to social media platforms like Facebook and Instagram could amount to cruelty in modern times.

A bench of Justice Moushumi Bhattacharya and Justice M.G. Priyadarshini emphasized that marriage cannot be forced upon individuals. The court cannot act as a counselor or enforcer to keep two people in a marriage that lacks love and understanding.

Case Background

This ruling was made while granting divorce to a husband who appealed under the Hindu Marriage Act. The couple got married in 2010, but serious conflicts arose soon after. The wife left their home in 2011 and filed five criminal cases against her husband, including allegations of dowry harassment under Section 498A IPC.

In May 2015, she briefly returned to her husband’s home but left again after a few days and filed more criminal cases. The husband was acquitted in some cases. However, in November 2021, the Trial Court dismissed his divorce petition, stating that he had not proved cruelty.

Court’s Decision on Mental Cruelty

The husband then approached the High Court, arguing that the false cases filed by his wife caused him severe mental distress. He also claimed that she had abandoned their marriage since 2011 and only returned briefly before filing more legal complaints.

The wife’s lawyer argued that divorce should not be granted without ensuring financial support for her. However, the High Court, after reviewing all facts, ruled that the wife’s actions amounted to mental cruelty and that the marriage had completely broken down.

The court stated:

“Cruelty is just one of the splinters of a collapsing structure where the substratum of the marriage has broken down in a way in which the structure cannot be preserved or re-built.”

The judges emphasized that the definition of cruelty is not fixed and changes with society. They also noted that filing false cases repeatedly can be considered mental cruelty, providing strong grounds for divorce.

Given these circumstances, the High Court granted the husband’s divorce appeal, concluding that the marriage was beyond repair and that the couple could not be forced to stay together.

Case Title:

D. Narsimha Narsimlu vs. Smt. D Anita Vaishnavi

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