Spouse Threatening To Commit Suicide And Attempting It Is Cruelty, Grounds To Seek Divorce: Bombay High Court

The Bombay High Court has held that a spouse threatening to commit suicide and even attempting the same, would amount to cruelty and it can be a ground for one to seek divorce under the Hindu Marriage Act. 

Justice RM Joshi dismissed the second appeal filed by a woman, who challenged a judgment of a Family Court, which had granted decree of divorce in favour of the husband with a finding that his wife subjected him to cruelty. 

The judge noted from the contentions of the husband, that his wife often threatened him and his old parents, of implicating in a case by committing suicide. The husband also alleged that the wife even attempted suicide once by trying to cut her veins and to avoid examination of the same, when she was called in the witness box, she had applied mehendi on her hands, to hide the injury mark. 

"The husband has not only made allegation that wife used to threaten him and his family to send them to jail by committing suicide but in fact that attempt was made. Such an act on the part of spouse would amount to such a cruelty that it becomes a ground for decree of divorce," Justice Joshi held in the order passed on February 20. 

According to the husband, the wife also accused his father of outraging her modesty on the ground that he was alcoholic and would often abuse her and charge upon her to beat her. 

However from the records of the Trial Court and also the Appellate Court, Justice Joshi noted that the wife failed to prove her allegations against the husband or his father and even failed to defend herself from the allegations made against her. 

"In any case, perusal of the evidence on record shows that the findings of the Trial Court for granting dissolution of marriage confirmed by the First Appellate Court are consistent with the same. Thus, no perversity is seen in the said findings to cause any interference therein. Thus, for want of any perversity or involvement of substantial question of law in this appeal, the instant appeal stands dismissed," the judge ordered. 

With these observations, the bench dismissed the appeal. 

Case Title: V C vs N C (Second Appeal 268 of 2018)

Counsel for wife: Advocates MP Tripathi and NB Khandare 

Counsel for Husband: Advocates Kshitij Surve and Hemant Surve 

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