The Nagpur bench of the Bombay High Court has ruled that a wife’s repeated visits to her parents’ home without informing her husband amounts to cruelty and can be grounds for divorce. The court reversed a 2017 family court decision and granted a divorce to a couple married for over twenty years.
The court, led by Justice Vasanti Naik and Justice Vinay Deshpande, found that even if the wife was mentally unstable, her behavior made it difficult for the husband to live with her. The couple married on March 7, 1994, and had two children. However, the wife often acted erratically, mistreated her mother-in-law, and left home without notifying her family, causing the husband to file missing person reports. She had stayed away for a year in 2005-06, only returning after the death of his mother.
The husband initially sought a divorce from the Nagpur Family Court on grounds of cruelty, but his petition was rejected on August 31, 2010. He then approached the High Court, which noted that there was sufficient evidence to support his claims. The judges criticized the family court for not recognizing the cruelty in the wife’s behavior and for not granting the divorce.
The High Court’s decision emphasized that the wife’s frequent departures without notice were a significant form of cruelty, justifying the divorce.
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