The Chhattisgarh High Court recently observed that if a husband gets involved in the habit of excessive drinking instead of discharging his duties, it would amount to mental cruelty to his wife and family also his children.
A two-judge bench of Justice Goutam Bhaduri and Sanjay Agrawal observed while allowing a wife’s plea for dissolution of her marriage on grounds of cruelty.
The bench also noted in the case that the husband didn’t even pay the school fees of his two children, even when his wife was not employed.
The bench held, “It is very natural that the wife would depend upon the husband for her household need and to upbring her children to give a good education and life. If the husband instead of discharging of his obligation indulges himself in excessive drinking habit, which deteriorates the family condition, it would naturally lead to a mental cruelty to the wife and the entire family including children.“
The Court observed that most of the allegations of cruelty by the husband arose because of his excessive drinking habits.
The Court was also told that after consuming liquor and while in an intoxicated state, the husband used to assault his wife; physically and mentally both. It was also submitted that the condition turned worse to the level where the husband even sold household goods for buying alcohol.
The bench also noted that while the couple had two children, the husband had never paid school fees of his children. When the wife asked for money to pay the school fees of their children, he was alleged to have abused and assaulted her.
Since the husband didn’t cross-examine the wife on these allegations during the proceedings of the family court, the High Court deemed that these allegations were not denied.
The Court remarked that thus, it could be said that the husband was mentally cruel to his wife.
The bench further opined, “The conduct of the wife would show that she tried to save the marriage as otherwise in the earlier occasion the application seeking divorce on the similar ground of excessive drinking would not have been withdrawn on the promise of the husband that he would mend his behaviour.”
With its observations based on the evidence and arguments, the bench dissolved the marriage between the couple on February 02, 2006. The Court also ordered the husband to pay Rs 15,000 per month to the wife in the form of maintenance.
Advocate Barun Kumar Chakrabarty represented the wife. However, none represented the husband.
Source: https://www.barandbench.com/news/litigation/excessive-drinking-habit-husband-mental-cruelty-wife-family-chhattisgarh-high-court
