Bombay High Court: Wife Frequently Visiting Parents Without Notice is Cruelty
The Nagpur bench of the Bombay High Court ruled that a wife frequently leaving her marital home to visit her parents without informing her husband amounts to cruelty. This behavior was deemed a valid ground for divorce. The court overturned a 2017 family court decision and dissolved the marriage of a Nagpur-based couple, more than 20 years after they tied the knot.
Court’s Observations
The division bench, consisting of Justice Vasanti Naik and Justice Vinay Deshpande, stated, “Even if the wife was mentally unstable and left the matrimonial home frequently, it would still be difficult for the husband to live with her.”
The couple married on March 7, 1994, and had two children. However, the wife’s behavior was described as erratic. She reportedly became furious over minor issues, mistreated her mother-in-law, and often left home without notifying her husband or family members. On several occasions, the husband had to file missing person reports with the police.
One significant incident occurred in 2005-06, when the wife stayed away from the marital home for a year and only returned after her mother-in-law passed away.
Legal Proceedings
Frustrated by the constant harassment, the husband filed for divorce on grounds of cruelty in the Nagpur Family Court. However, the court dismissed his plea on August 31, 2010. The husband then appealed to the Bombay High Court.
The high court judges noted there was substantial evidence supporting the husband’s claims. They remarked, “The husband took immediate action to locate his wife when she left. If her absence and the reports were false, she should have objected to his actions.”
The court also criticized the family court for rejecting the husband’s plea. It ruled that the wife’s conduct amounted to cruelty and that the husband was entitled to a divorce.
Final Verdict
The Bombay High Court granted the husband’s petition for divorce, holding that the wife’s repeated absence and mistreatment constituted cruelty under the law.
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