Chhattisgarh HC upholds divorce decree

While confirming a judgment of divorce pronounced in favor of the husband, the Chhattisgarh High Court recently observed that the act of a wife visiting husband’s office premises and creating scenes with abusive language amounts to cruelty.

… when a wife goes to the premises of the husband’s office, mistreats him and accuses him of certain relations, it would naturally lead to a decrease in the image of the husband in front of the colleagues and the stature of the office will certainly decrease“, the bench of Judge Goutam Bhaduri and Judge Radhakishan Agrawal observed.

The Court also held that abusing the in-laws, preventing the husband from meeting his parents and forcing the husband to leave the marital function of his younger brother are also cruel acts against nature, since such acts would harm the image and prestige of a family in public hiking, which can also amount to cruelty.

The case in brief

The wife (Nalini Mishra) appealed against the judgment and decree of 17.12.2019 passed by the family court of Raipur, by which the application filed by the husband for the divorce on the grounds of cruelty was granted.

The husband had made a series of allegations against the wife, including that she had a habit of spending money according to her own choice and that the husband’s visit to his parents was disputed and eventually stopped. It is said that whenever he wanted to visit his parents, his wife abused him, which prevented the husband from meeting his parents.

It was stated that even though the husband was arrested for attending the wedding of his real brother and the husband’s maternal sister when he wanted to go to their house to appear for an outside examination, the wife alleged daughter’s illicit relations with her husband.

It was further alleged that his wife made false allegations of an extramarital affair against the husband and she even went so far as to go to the husband’s office to create a scene and also sent letters to the Chief Minister for his transfer.

The family court, after evaluating the facts and evidence, allowed the husband’s request, which allowed a divorce decree to be granted.

Court’s observations

In making an overall assessment of the evidence before it, the Court came to the conclusion that the appellant/wife had a habit of abusing her husband on trivial matters of which the husband had repeatedly complained at the police and he had also reported his wife’s reckless and abusive behavior.

The Court also noted that it had been proven that the wife had made a null allegation of the husband’s illicit relationship with a woman outside of marriage and even a complaint had been filed by the wife with the Chief Minister for transfer the husband from a particular post. in the office with an allegation of illicit relations.

Apart from this, the court also considered POW statements which established that the wife had a habit of going to the husband’s office and creating scenes with abusive language.

Considering all of the evidence, the Court concluded that the judgment and decree issued by the Family Court did not require any interference and, therefore, the H&C upheld the conclusion reached by the Family Court. family.

Case title – Nalini Mishra vs Surendra Kumar Patel [FA(MAT) No. 8 of 2020]

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