The Bombay High Court has ruled that a spouse’s suicide threats or attempts amount to cruelty and can serve as valid grounds for divorce under the Hindu Marriage Act.
Justice R.M. Joshi dismissed a woman’s second appeal against a Family Court’s verdict, which had granted the husband a divorce on grounds of cruelty by the wife.
The judge noted that, according to the husband’s claims, his wife repeatedly threatened him and his elderly parents with false allegations by attempting suicide. He further alleged that she once attempted to cut her veins and later applied mehendi on her hands to conceal the injury when called to testify.
“The husband has not only made allegation that wife used to threaten him and his family to send them to jail by committing suicide but in fact that attempt was made. Such an act on the part of spouse would amount to such a cruelty that it becomes a ground for decree of divorce,” Justice Joshi held in the order passed on February 20.
The husband alleged that his wife accused his father of outraging her modesty, asserting that he was an alcoholic who frequently abused and attempted to assault her.
However, after examining the records of both the Trial Court and the Appellate Court, Justice R.M. Joshi observed that the wife was unable to provide evidence to support her claims against the husband and his father. Additionally, she failed to refute the allegations made against her.
The husband alleged that his wife accused his father of outraging her modesty, claiming that he was an alcoholic who often abused and attempted to assault her.
However, after reviewing the records of both the Trial Court and the Appellate Court, Justice R.M. Joshi observed that the wife was unable to substantiate her allegations against the husband and his father, nor could she refute the accusations made against her.
“In any case, perusal of the evidence on record shows that the findings of the Trial Court for granting dissolution of marriage confirmed by the First Appellate Court are consistent with the same. Thus, no perversity is seen in the said findings to cause any interference therein. Thus, for want of any perversity or involvement of substantial question of law in this appeal, the instant appeal stands dismissed,” the judge ordered.
Considering these findings, the bench dismissed the appeal.
