The Madras High Court recently granted a divorce to the husband, ruling that a wife’s threats to commit suicide constitute cruelty. Justice S. Srimathy noted that within just 8 months of marriage, the husband had written letters to his mother detailing his distress, stating that his wife was threatening to take her own life. The court determined that this conduct amounted to mental cruelty.
“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 further noted that the wife had filed a false dowry harassment case against the husband and his family, tarnishing their reputation. It found that the wife used these false accusations as a tool to intimidate 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 decision, which had allowed the wife’s petition for restitution of conjugal rights and dismissed his divorce petition based on cruelty.
The husband alleged that his wife restricted him from seeing his family and threatened to commit suicide and file a false dowry case if he tried to maintain contact with them. He also mentioned that during their daughter’s first birthday celebration, when his mother was present, the wife attempted suicide and had to be hospitalized. Additionally, he claimed that she visited his workplace, causing a disturbance and disrupting his work hours.
The husband further alleged that after he sent a legal notice seeking a divorce, the wife’s family visited his parents’ home and threatened them with severe consequences. He added that shortly after, the wife filed a police complaint accusing him and his family of dowry demands.
In response, the wife denied all the allegations, claiming that it was the husband and his family who had been consistently demanding dowry. Although she initially denied attempting suicide, she later admitted to it, stating that she tried to end her life because their daughter’s birthday celebration was disrupted due to family conflicts. She also refuted claims that her family had insulted or threatened the husband and his parents.
While the wife’s counsel argued that a single instance of attempting suicide should not be considered cruelty, the court noted that the wife had made repeated threats to take her own life, as reflected in the case’s details. The court also reviewed the hospital’s discharge summary, which confirmed her suicide attempt. Furthermore, it found no reason to question the testimony of the husband’s father, recognizing that while direct evidence might be absent, the couple’s conversations could support the claims.
The court pointed out that although the wife accused the husband of demanding dowry, evidence indicated that the husband had taken out bank loans to purchase the car and other items, suggesting that the dowry allegations were unfounded.
The court also noted that the wife, who was involved in private practice, had placed a name board featuring the husband’s name, which could have negatively affected his career as a government employee. Additionally, the court was persuaded that the wife and her family had threatened and humiliated the husband and his relatives, as evidenced by the numerous complaints he had made to the police.
Recognizing that the husband had suffered mistreatment from the wife and her family and had been pursuing a divorce for the past 17 years, the court upheld his appeal and granted the divorce.
