Gujarat HC: Suicide Attempt and Public Defamation of Husband Amount to Mental Cruelty
The Gujarat High Court has dismissed a woman’s plea for restitution of conjugal rights, ruling that her own conduct—including a suicide attempt and publicly defaming her husband—amounted to mental cruelty.
A bench led by Justice Sanjeev J. Thaker upheld the findings of the trial and appellate courts, which had earlier dismissed her petition under Section 9 of the Hindu Marriage Act, 1955. The Court noted that her actions were sufficient grounds for her husband to withdraw from the marriage.
The woman, who married in February 2017, alleged that her husband had abandoned her without reasonable cause. She sought a decree compelling him to resume marital relations. However, the Court found her behavior inconsistent with her claims.
The Court observed that her admitted suicide attempt shortly after marriage inflicted serious emotional trauma on her husband. In addition, she publicly humiliated him by distributing posters declaring him “missing,” which amounted to defamation and caused further mental distress.
“Cruelty in the nature of suicide attempts cannot be condoned in any manner,” the Court stressed, adding that such acts go beyond ordinary marital disputes.
Citing Supreme Court precedents such as Narendra v. K. Meena and Pankaj Mahajan v. Dimple, the High Court reiterated that repeated suicide threats or attempts create unbearable psychological pressure and qualify as mental cruelty.
The Court emphasized that marriage requires compassion and trust. However, when it turns into a cycle of coercion, self-harm, and defamation, the law cannot force a spouse to continue.
Rejecting the wife’s argument that the burden of proof was on the husband, the Court held that her own admissions during cross-examination were sufficient. It also highlighted that restitution of conjugal rights is a discretionary remedy, and courts must consider fairness before compelling unwilling spouses to live together.
Finding the appeal meritless, the Gujarat High Court dismissed it in its entirety.
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