Calling Husband a “Womaniser” and “Alcoholic” Without Proof is Cruelty: Bombay High Court
The Bombay High Court recently ruled that making baseless allegations against a husband, such as calling him a “womaniser” and “alcoholic,” amounts to cruelty under the Hindu Marriage Act. The court upheld a family court’s decision to dissolve the marriage of a Pune-based couple.
Court Verdict on Cruelty
A bench of Justices Nitin Jamdar and Sharmila Deshmukh dismissed the wife’s appeal against a 2005 family court order that granted her husband a divorce. The court stated that cruelty includes any behavior that causes mental agony and makes it impossible for one spouse to live with the other.
The wife alleged that her husband, a retired Army Major, was a womaniser and alcoholic. However, the High Court found that she provided no evidence to support her claims beyond her own statements.
Husband’s Testimony and Court Findings
In his deposition, the husband stated that the petitioner (his wife) separated him from his children and grandchildren, further causing him distress. The court emphasized that such baseless accusations damaged the husband’s reputation in society, particularly given his status as a retired Army officer.
Legal Observations
The court reiterated that making false and unwarranted allegations against a spouse can amount to cruelty under Section 13(1)(i-a) of the Hindu Marriage Act. The judges noted, “The petitioner’s actions caused mental pain and social embarrassment to the respondent, thereby justifying the divorce.”
Case Outcome
The court concluded that the woman’s conduct constituted cruelty and dismissed her appeal, upholding the original family court ruling. This judgment reinforces the principle that unsubstantiated claims can have serious legal consequences in marital disputes.
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