New Delhi: The Chhattisgarh High Court recently noted that a wife persistently putting constraint on husband to get separated from his parents and threatening him to in a false dowry demand case would amount to mental cruelty, reported Bar and Bench.
A two-judge bench committee composed of judges Goutam Bhaduri and NK Chandravanshi was hearing a petition filed by a man who challenged an order of a Korba family court dated February 21, 2017 by which his plea seeking divorce was rejected on the ground of cruelty.
The judges noted, as per the evidence on record, that the couple remained together for hardly two months before differences cropped up adding that the wife would regularly leave her matrimonial house to live at her parental residence.
Wife’s father also tried to convince the man to live in the former’s house instead of the couple’s matrimonial house. The husband tried to reconcile but his attempts were in vain.
“It seems that the wife belongs to higher strata in their society in respect of financial status comparatively than the husband, hence, she wants to live with him but not along with her in-laws. And, therefore, she always creates mental pressure in this regard on him and has threatened also to fasten him in a dowry case,” the judges noted, reported the publication.
“In such a lower middle class family, it is the responsibility of the eldest son (as the husband is, in the instant case) to take care of his elderly parents, as he has also in his statement. In such a situation, if the wife persistently creates constraints upon husband to get separated from his family and to live with her at her parental house and also threatened him that, otherwise she will implicate him in dowry case, it, itself amounts to mental cruelty on the husband,” the Court held.
The bench also reacted to the observations made by the Family court wherein it stated that there were chances of the couple to settle together as no police complaint had been filed.
The Family Court is not supposed to advise the remedies to the parties or dispose of the case on the probabilities of leading happy marital life in future,” the Bench said.
A decree for divorce was granted by the bench on grounds of mental cruelty to the husband.