Wife Alleging In Different Forums That Husband Has Illicit Relation With Own Mother Amounts To Mental Cruelty: Chhattisgarh HC

The Chhatisgarh High Court has held that when a wife alleges, in different forums, that her husband has an illicit relationship with his mother, it would certainly lead to mental cruelty.

The bench of Justice Goutam Bhaduri and Justice Sanjay S. Agrawal said that when such an allegation is made by the wife against her husband, the character of the mother of the husband is also assassinated and this further destroys the reputation and value of the husband and wife in the eyes of each other.

"...it cannot be said to be a normal wear and tear or isolated incident. When the wife affirms her statement made in the different forums wherein the sacred relation of mother & son is being attacked by such accusation certainly it would lead to mental cruelty," the bench further held said as it allowed the appeal filed by the husband and set aside the family court order refusing divorce decree.

The facts in brief

The couple got married on May 11, 2011. The Husband alleged that after the marriage the behaviour of the wife towards him was not congenial, as she used to hurl abuses to him and his mother in the name of mother and sister. It was further stated that the wife frequently used to skip the preparation of meals as such the husband had to remain starving or to take his food at the hotel. It was alleged that the wife used to extend the threat that he would be inculpated in some false case.

Against this backdrop, the Husband moved an application before the Family Court for the grant of a decree of divorce. When the application was dismissed, he moved the instant appeal before the Chhattisgarh High Court.

On the other hand, it was the wife's case that while she was working, the entire salary was being taken by the family members of the husband and whenever the wife advised to have a child, the husband refused the same on the ground that they may have a female child. According to her, while she was doing her Ph.D. she was only getting scholarship and she was being humiliated in the name of witchcraft.

Court's observations

At the outset, the Court, having persued the evidence produced on record, noted that the wife had deserted the husband/appellant in December 2013 and she even filed a false report against the husband and his relatives under Section 498-A read with Section 34 of the IPC and in the case, the Court acquitted all of them on the ground that the prosecution was not able to prove the case.

The Court further noted that the wife admitted the fact that in the criminal case, she deposed that the appellant/husband had maintained illicit relations with his mother.

Taking this admission of the wife into account, the Court observed that the Apex Court has held that when the wife made reckless, defamatory and false accusations against her husband, his family members and colleagues, it would have the effect of lowering his reputation in the eyes of his peers. The Court added that alleging illicit relations between the husband and his own mother would amount to mental cruelty.

Against this backdrop, the Court allowed the appeal of the Husband and directed for a decree of divorce.

Regarding the question of maintenance to the wife, the Court noted that if the husband has sufficient means, he is obligated to maintain his wife and children, and he cannot escape from his moral and familial responsibilities even after divorce.

Consequently, the Court, to avoid the multiplicity of proceedings, found that the wife is entitled to get ₹ 35,000/- per month from the appellant towards maintenance which would be deducted at source from the salary of the appellant. With this, the Court parted with the case.

Case title - D vs. R 

Case Citation: 2023 LiveLaw (Chh) 25

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