Frequent Visits To Husband's Office To Create Scene With Abusive Language Would Amount To Cruelty: Chhattisgarh HC Upholds Divorce Decree

While upholding a divorce decree granted in favor of the husband, the Chhattisgarh High Court recently observed that the act of a wife visiting the office premises of the husband and creating scenes with abusive language amount to cruelty. 

"...when a wife goes to the office premises of the husband, abuses him and accuses him of certain relation, naturally it would result into diminishing the image of the husband before the colleagues and the office stature will certainly go down," the bench of Justice Goutam Bhaduri and Justice Radhakishan Agrawal observed.

The Court was also of the view that abusing in-laws, stopping the husband to meet his parents, and forcing the husband to leave the marriage function of his younger brother are also unnatural cruel acts as such acts would bring down the image and the prestige of a family in the public hike, which may also amount to cruelty.

The case in brief

The wife (Nalini Mishra) moved the instant appeal against the judgment and decree dated 17.12.2019 passed by the Family Court, Raipur, whereby the application filed by the husband seeking divorce on the ground of cruelty was allowed. 

The husband had made a series of allegations against the wife including that she used to spend money as per her own choice and the visit of the husband to his parents was objected to & eventually stopped. It is stated whenever he wanted to visit his parents, his wife used to abuse him resulting in the stoppage of the meeting of the husband with his parents.

It was stated that even though the husband was stopped to attend the marriage of his real brother and the maternal sister of the husband when wanted to visit their place to appear in an examination from outside, the wife alleged illicit relations of the girl with the husband.

It was further alleged that his wife made has leveled false allegations of an extramarital affair against the husband and she even went to the extent of going to the office of the husband to create a scene and also sent letters to the Chief Minister for his transfer.

The Family Court after evaluating the facts & evidence allowed the application of the husband, thereby decree of divorce was granted. 

Court's observations 

Undertaking an overall assessment of the evidence before it, the Court came to the conclusion that the appellant/wife used to abuse the husband on trivial issues of which the husband made complaints many times to the police and he also reported the rash and abusive behavior of his wife.

The Court also noted that it was proved that the wife had made a void allegation of the illicit relationship of the husband with a lady outside the marriage and even a complaint was made by the wife to the Chief Minister to transfer the husband from a particular posting in the office with an allegation of illicit relations.

Apart from it, the court also took into account the statements of PWs which established that the wife used to visit the office of the husband and create scenes with abusive language.

Taking into consideration overall evidence, the Court concluded that the judgment and decree passed by the Family Court did not require any interference and thus, the HC affirmed the finding arrived at by the Family Court.

Case title - Nalini Mishra v. Surendra Kumar Patel [FA(MAT) No. 8 of 2020]

Citation: 2022 LiveLaw (Chh) 55

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