Wife Levelling Allegations Affecting Career & Reputation Of Husband Amounts To Mental Cruelty Against Him For Seeking Divorce: Supreme Court

The Supreme Court observed that wife levelling allegations which affects career and reputation of husband is mental cruelty against him for the purpose of seeking divorce.The degree of tolerance will vary from one couple to another and the Court will have to bear in mind the background, the level of education and also the status of the parties, in order to determine whether the cruelty alleged is sufficient to justify dissolution of marriage, at the instance of the wronged party, the bench comprising Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy said.In this case, the husband, an army officer, in his divorce petition, alleged that he was subjected to numerous malicious complaints by the wife which have affected his career and loss of reputation, resulting in mental cruelty. The Family Court granted him divorce, but the High Court reversed it.In appeal before the Apex Court, the husband submitted that the wife filed a series of complaints against him before the superior officers in the Army upto the level of the Chief of Army Staff and to other authorities and these complaints have irreparably damaged his reputation and mental peace."For considering dissolution of marriage at the instance of a spouse who allege mental cruelty, the result of such mental cruelty must be such that it is not possible to continue with the matrimonial relationship. In other words, the wronged party cannot be expected to condone such conduct and continue to live with his/her spouse. The degree of tolerance will vary from one couple to another and the Court will have to bear in mind the background, the level of education and also the status of the parties, in order to determine whether the cruelty alleged is sufficient to justify dissolution of marriage, at the instance of the wronged party.", the bench noted.The court noted that in this case, allegations are levelled by a highly educated spouse and they do have the propensity to irreparably damage the character and reputation of the husband. "When the reputation of the spouse is sullied amongst his colleagues, his superiors and the society at large, it would be difficult to expect condonation of such conduct by the affected party. The explanation of the wife that she made those complaints in order to protect the matrimonial ties would not in our view, justify the persistent effort made by her to undermine the dignity and reputation of the appellant. In circumstances like this, the wronged party cannot be expected to continue with the matrimonial relationship and there is enough justification for him to seek separation.", it said.Setting aside the High Court judgment, the bench observed:"we are of the considered opinion that the High Court was in error in describing the broken relationship as normal wear and tear of middle class married life. It is a definite case of cruelty inflicted by the respondent against the appellant and as such enough justification is found to set aside the impugned judgment of the High Court and to restore the order passed by the Family Court"Case: Joydeep Majumdar Vs Bharti Jaiswal Majumdar [CA NOS. 3786-3787 OF 2020]Coram: Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh RoyCitation: LL 2021 SC 116Click here to Read/Download Judgment

Wife Levelling Allegations Affecting Career & Reputation Of Husband Amounts To Mental Cruelty Against Him For Seeking Divorce: Supreme Court

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Wife Levelling Allegations Affecting Career & Reputation Of Husband Amounts To Mental Cruelty Against Him For Seeking Divorce: Supreme Court

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