Madhya Pradesh High Court: In an appeal challenging the decree of divorce granted on the ground of mental cruelty, a Division Bench of Vivek Rusia* and Gajendra Singh, JJ., affirmed the divorce decree and held that a spouse engaging in vulgar conversations with individuals outside marriage amounts to mental cruelty.
In the instant matter, the marriage between the appellant-wife and respondent-husband was solemnized on 15-12-2018 as per Hindu customs at Chhatarpur. The husband, who is partially deaf, had disclosed his disability before marriage, and the wife consented to marry him despite knowing this fact. Soon after marriage, the wife allegedly started misbehaving with husband’s mother. After 1.5 months of marriage, the wife left for her parental home on 05-04-2019 and refused to return.
The husband alleged that the wife verbally abused his mother, even after she suffered a fracture. It was stated that the wife was in contact with her previous lovers and engaged in vulgar conversations with them over WhatsApp. It was contended that the husband also found indecent messages exchanged between his wife and two individuals. It was further contended that the wife threatened to falsely implicate him in a legal case.
The husband filed a complaint with the police regarding his wife’s threats. At the police station, a compromise was reached where the wife assured in writing that she would not cause any further issues. The wife’s father, a practicing advocate, admitted in writing that his daughter’s behavior had brought shame to the family.
Due to continued conflicts, the husband filed a divorce petition under Section 13 of the Hindu Marriage Act, 1955 citing mental cruelty. However, the wife opposed the divorce, alleging that the husband hacked her mobile to fabricate evidence, violated her privacy, demanded a dowry of Rs. 25 Lakhs and subjected her to domestic violence.
After evaluating the evidence on record, the Family Court granted the decree of divorce on the ground of mental cruelty. The wife filed the present appeal challenging the Family Court’s decree of divorce.
The Court noted that the father’s admission before the police about his daughter’s behavior carried significant weight. The Court noted that the exhibited WhatsApp conversations confirm inappropriate exchanges as claimed by husband. The Court further stated that the lack of any counter-case from the wife, such as a domestic violence complaint or FIR, indicates that the husband’s allegations are credible.
“It is not expected from a wife or husband to indulge into in to the undignified or indecent conversation by way of chatting with a male or female friends as the case may be that too after marriage. No husband would tolerate that his wife is in conversation through mobile by way of these type of vulgar chatting.”
The Court deemed her vulgar conversations with male friends’ post-marriage, inappropriate and objectionable. The Court held that a spouse engaging in vulgar conversations with individuals outside marriage amounts to mental cruelty. The Court deemed the wife’s behavior as intolerable for a husband, thereby justifying dissolution of marriage.
“After marriage husband and wife both have freedom to have a conversation by way of mobile, chatting and other means with friends but the level of conversation should be decent and dignified , specially when it is with an opposite gender, which may not objectionable to the life partner. If despite objection husband or wife continues with such activity of activities, then certainly it causes mental cruelty.”
The Court upheld the Family Court’s decision and affirmed the divorce decree granted on 24-06-2023. The Court sent back to the case records to the Family Court.
[Radha v. Sudhanshu, First Appeal No. 1605 of 2023, Decided on 05-03-2025]
*Judgment by Justice Vivek Rusia
Advocates who appeared in this case :
Shri Yash Pal Rathore, Counsel for the Appellant
Shri Virendra Sharma, Senior Counsel with Shri Satish Yadav, Counsel for the Respondent
