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seemabhatnagar · 9 months

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Mental cruelty ultimately lead to breakdown of marriage

Chattisgarh High Court at Bilaspur in Appeal by the wife against the dismissal of her divorce petition by the husband not only allowed the appeal but to avoid multiplicity of proceeding also dealt with alimony part looking into the fact that petitioner is not working and also has the responsibility of two children. Though Family Court Raigarh didn’t fix any alimony.

Divorce Matter: Wife v. Husband

Appeal by wife against the dismissal of her Divorce Petition by the Family Court Raigarh

The Division Bench of Hon’ble Mr. Justice Goutam Bhaduri J & Hon’ble Mr. Justice Sanjay S Agarwal J, Chattisgarh High Court at Bilaspur allowed the appeal ex parte.

Judgement pronounced on 26.07.2023

Ground of Divorce: Mental Cruelty

Background

This is the second divorce petition, first petition was withdrawn by the wife as husband promised that he will leave his drinking habit, he will not assault petitioner and his children. Believing his words wife had withdrawn the Divorce petition but to his dismay husband continued with his previous behavior. Out of the wedlock petitioner had two kids a boy and a girl. Whenever wife asked her husband to work to support the family, he used to beat her and on one such day after being badly beaten by the husband, the wife left her matrimonial home and filed the Divorce petition.

Her petition was dismissed by the Family Court, Raigarh. Aggrieved by the dismissal of her petition, the wife filed appeal before the High Court of Chattisgarh at Bilaspur. At high Court as well, respondent husband didn’t appear hence her appeal was allowed ex parte by the High Court. As wife succeeded in proving mental cruelty by the Respondent - husband and Husband despite service of notice didn’t appear before the family Court for adducing his evidence and controverting the allegations of the wife although wife and his brother appeared before the Family Court and gave their evidence

Facts

Petitioner was married in the year 2006. Her husband - Respondent was excessive drinker and also was not working however under heavy intoxication respondent used to beat the wife & even resorted to selling of household goods and when wife asked him to work, he used to even more beat her. The petitioner had two children a son and a daughter. The necessary expenses of the children and her was taken care by her brother including payment of school fee. On 26.05.2016 she was badly assaulted and abused by her husband as such she left her matrimonial home on the day itself.

The first divorce petition filed by the petitioner was withdrawn as husband promised to leave drinking and also will mend his behavior but as the wife withdrew the petition the respondent husband resumed his previous behavior.

Respondent husband filed his reply before the Family Court on the divorce petition filed by the wife denying the allegation instead, he alleged that because of his wife’s behavior he is forced to live separately. He wants to restore the marriage but his wife’s behavior is cruel towards him therefore she is not entitled for decree of divorce.

Observation of the court

The behavior of the husband demonstrates that he didn’t take care of his necessary obligation which was cast upon him being the father to take care of the education of his children.

In the absence of any cross examination of the fact, it would be presumed that the submission made by the wife is accepted.

If the husband instead of discharging his obligation indulges in excessive drinking it would lead to mental cruelty to wife and children.

The conduct of the wife showed that she had tried to save her marriage otherwise she would not have withdrawn the divorce petition on the promise of the husband that he would mend his behavior.

Wife is able to prove mental cruelty by the husband as she is entitled for decree of divorce and the order of the family court dismissing the divorce application of the petitioner wife is required to be interfered.

Decision

Marriage solemnized between the parties shall be dissolved with decree of divorce.

Since no alimony is fixed by the Family court and record shows that she is not working she has no source of income, more so she has 2 children to support. Wherefore looking into the fact and circumstances and to avoid multiplicity of application in future, wife is entitled for maintenance @ of Rs. 15000/- pm from the salary of the Respondent which would be deducted at source from the salary of the husband. In case the husband has no salary than the aforesaid amount would be charge on the property of the husband.

Seema Bhatnagar

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