Wife Threatening To Commit Suicide, Filing False Dowry Harassment Case Would Amount To Mental Cruelty: Madras High Court

Granting divorce to a husband, the Madras High Court recently observed that a wife threatening to commit suicide would amount to cruelty. Justice S Srimathy noted that in the case, the husband had written letters to his mother, within 8 months of marriage indicating his agony wherein he had stated that the wife was threatening to commit suicide. The court noted that there was an element of mental cruelty present in the case. “The said letter was written on 21.02.2005 within eight months from the date of marriage i.e. 16.05.2004 and the letter clearly indicates the agony of the husband where it states the wife is threatening to commit suicide, hence the same cannot be brushed aside. Therefore, this Court is of the considered opinion that there is an element of mental cruelty,” the court said. The court also noted that the wife had filed false dowry harassment case against the husband and his family which had tarnished the family's image. The court thus noted that the wife had used the false dowry harassment case as a tool to threaten the husband which amounted to cruelty. “Repeatedly the Courts have held that the dowry harassment cases are used as a tool and false cases are filed. In the present case also, it is a false dowry harassment case. Therefore, this Court is of the considered opinion that the wife filed false dowry harassment case, but the same is used as tool by the wife to threaten the husband, which amounts to cruelty,” the court observed. The court was hearing the husband's appeal against the lower court's order allowing the wife's petition for restitution of conjugal rights and dismissing the husband's petition for divorce on the grounds of cruelty. The husband had argued that the wife never allowed him to meet his family and threatened to commit suicide and file a false dowry case if the husband tried to maintain a connection with his family. He added that when his mother came to attend the first birthday celebration of the couple's only daughter, the wife attempted suicide and was admitted to hospital. He also argued that the wife had visited him at his workplace and picked up a fight there disturbing him during his duty hours. The husband also stated that when he had sent a legal notice for divorce, the wife's family had gone to the husband's parents' house and threatened them with dire consequences. He added that after the incident, the wife preferred a police complaint alleging that the husband and his family were demanding dowry. The wife, on the other hand, refuted all the allegations and submitted that the husband and his family had been consistently demanding dowry. Though she initially denied the allegation of attempting suicide, she later submitted that she attempted suicide since their daughter's birthday could not be celebrated due to familial issues. The wife also denied the allegations of her family insulting the husband and his family. Though the wife's counsel argued that a single act of attempting suicide could not be considered as cruelty, the court noted that from the facts of the case, it was clear that the wife had made repeated threats to commit suicide. The court also took note of the discharge summary from the hospital proving the attempt to commit suicide. The court also noted that there was no reason to disbelieve the evidence of the husband's father in this regard as in such cases, there may not be direct evidence but evidence based on a conversation between the couple. The court also noted that in the present case, though the wife had alleged that the husband had demanded dowry, there were evidence which showed that the husband had taken bank loans to purchase the car and other articles. Thus, the court opined that the dowry allegations made on the husband were false. The court also noted that the wife was engaged in private practice and had erected a name board along with the husband's name which would have affected his career as he was in government service. The court was also satisfied that the wife and her family had threatened and humiliated the husband and his family which was evidence from the continued complaints he had made to the police authorities. Thus, noting that the husband had been suffering in the hands of the wife and her family and had been fighting for divorce for the past 17 years, the court allowed his appeal and granted divorce. Counsel for the Appellant: Mr.V.K.Vijaya Raghavan for Mr.K.C.Ramalingam Counsel for the Respondents: Mr..Saravanan Senior Counsel for Mr.T.Senthil Kumar Citation: 2024 LiveLaw (Mad) 363 Case Title: ABC v XYZ Case No: C.M.S.A.(MD)Nos.27 and 28 of 2015Click here to read/download the judgment

Wife Threatening To Commit Suicide, Filing False Dowry Harassment Case Would Amount To Mental Cruelty: Madras High Court

Upasana Sajeev

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