
Spouse indulging in vulgar conversation with opposite gender, despite objections, amounts to Mental Cruelty: MP High Court
“No husband will tolerate that his wife is in undignified or indecent conversation through mobile by way of vulgar chatting.”
“No husband will tolerate that his wife is in undignified or indecent conversation through mobile by way of vulgar chatting.”
“Forcing wife to live with a person who is neither educated nor eager to improve himself certainly amounts to mental cruelty.”
“Differences of perception towards life may give rise to different behaviours by individuals. Such a difference of perception and behaviour may be described as cruel by others by observing the behaviour of another. At the same time, such perceptions are neither absolute nor such as may themselves give rise to allegations of cruelty unless observed and proven facts are such as may be recognized in law to be acts of cruelty.”
The wife was appointed as Assistant Manager in LIC Housing Finance Ltd., and at time the respondent was doing nothing, this was the reason why husband compelled the appellant to leave the job and stay with him.
“The marriage between the parties becomes a fiction though supported by a legal tie. By refusing to sever that tie, the law in such cases, does not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties”
To apply Section 3061 of the Penal Code, 1860, it is expected of prosecution to demonstrate that there is live link/active role played by appellant in instigating the suicide.
In Hinduism, the wife is regarded as the “Sahadharmini”, meaning she shares in the spiritual duties and righteousness alongside her husband. This concept underscores the wife’s essential role in fulfilling religious obligations, particularly in the performance of rituals, where her presence is indispensable.
Justice Ritu Bahri who retires on 10-10-2024, made history as upon her elevation on 04-02-2024, she became the first woman Chief Justice of Uttaranchal High Court.
“The long period of continuous separation of a decade establishes that the matrimonial bond is beyond repair. Marriage between the parties has become a fiction, though supported by a legal tie.”
“There was sufficient evidence to prove the ground of cruelty pleaded by the husband for grant of a decree of divorce”
“No wife can live in the matrimonial relationship with the person who is so short-tampered and impulsive turned criminal.”
MP High Court asserted that while physical cruelty ceased after leaving the matrimonial house, the psychological impact of separation and the trauma induced by dowry demands persisted.
Making derogatory complaints against spouse demonstrate lack of mutual respect and goodwill, which is crucial for a healthy marriage and merely by stating that such complaints are made after parties had separated, in no manner absolves a spouse from the guilt of committing cruelty on the receiving end.
The Family Judge has erred in analyzing the life of the parties by taking a myopic view and by considering each incident as an independent window, when in fact it is the journey of the parties through their matrimonial life, which is determinative of their compatibility, progressiveness, and growth.
A wife’s withdrawal from matrimonial relationship unilaterally without any reason thereby depriving husband of conjugal bliss, since October 2013 till date, can only be inferred as an act of cruelty.
Howsoever abysmal the differences maybe between the spouses, but in no realm can the act of the aggrieved spouse of igniting animosity and hostility in the minor child in an attempt to use the child as a weapon to get even with their spouse, could be justifiable.
Kerala High Court explained that “Cruelty consists of acts which are dangerous to life, limb or health. Cruelty may be physical or mental.”
Justice Ritu Bahri took oath of office as the 13th Chief Justice of Uttaranchal High Court on 04-02-2024.
“Pressurizing spouse to fulfil distant and whimsical dreams clearly not within his financial reach may create a sense of persistent dissatisfaction which would be sufficient mental strain to drain the contentment and tranquillity out of any married life.”
“Alleging character assassination and to say that the husband shall be removed from service and further filing of domestic violence while alleging that the husband is in adultery, fornication, are serious allegations touching the character of respective persons.”