Insulting & Humiliating Husband During Time Of Financial Vulnerability Amounts To Mental Cruelty: Chhattisgarh High Court

The Chhattisgarh High Court observed that the wife’s behaviour of making unfounded demands during a financially unstable period, and leaving the home with the daughter while abandoning the son, demonstrates a pattern of mental harassment and disregard for the matrimonial bond. These acts amount to mental cruelty as recognized under law.

An appeal was filed by the husband being aggrieved of the decision of Family Court wherein the divorce petition of the husband was dismissed.

A Bench of Justice Rajani Dubey and Justice Amitendra Kishore Prasad observed, “From the aforesaid evidence coupled with the above decisions rendered by the Hon’ble Supreme Court as well as this Court, it is quite vivid that in the present case, the conduct of the respondentwife falls squarely within this definition. Her behavior, including instigating the daughter against the father, making unfounded demands during a financially unstable period, and leaving the home with the daughter while abandoning the son, demonstrates a pattern of mental harassment and disregard for the matrimonial bond.”

Advocate B.P. Singh represented the Appellant.

Case Brief

The marriage between parties, husband and wife, was solemnized in 1996. The husband contended that the wife after securing a position as principal changed her behaviour and became proud of her position and frequently quarrelling over trivial matters, taunting the applicant regarding his job.

It was also contended that during the COVID-19 husband’s income ceased, however, the wife verbally abused him, called him unemployed and demanded unnecessary things which the husband could not fulfil.

Thereafter, in 2020, the wife left her matrimonial home with her daughter, leaving behind her husband and minor son. After about a month, the wife returned with the husband but left again.

The Family Court dismissed the application for dissolution of the marriage. Hence, an appeal was preferred by the husband.

Court’s Observation

Firstly, the Court noted that the wife did not appear despite being duly served with summons and the paper publication before the Family Court. Similarly, the she did not appear before the High Court at the stage of filing the reply and did not produce any reply or evidence on her behalf.

The High Court opined that instead of supporting her husband during the difficult period, she taunted him by calling him unemployed and harassed him over trivial issues. The wife also influenced their daughter Falguni against him, started quarrelling frequently and made unreasonable demands that were not possible to fulfil during the pandemic.

“While residing in the matrimonial home, the nonapplicant herself wrote a letter dated 16/09/2020 stating that she is leaving of her own accord and will, with no one else responsible, clearly indicating she had no grievance compelling her to leave. This constitutes sufficient ground to dissolve the marriage solemnized on 26/12/1996, yet the learned Family Court overlooked this legal aspect and dismissed the applicant’s application”, the Court said.

The Court also noted that the wife has not filed any criminal or civil proceeding against the husband to allege cruelty or maltreatment, implying that her desertion was voluntary.

The Court took into account the fact that the wife frequently used sarcastic taunts about his unemployment, favoured their daughter, and made unreasonable demands during the pandemic, which he was unable to fulfil.

“When these demands were unmet, the non-applicant verbally abused him, called her sister, and left the matrimonial home, taking her belongings and daughter with her. Such conduct amounts to cruelty by the non-applicant, yet this was not considered by the learned Family Court. The non-applicant’s unprovoked cruelty and permanent alienation, leaving the son with the applicant, are sufficient grounds for dissolution of the marriage”, the Court observed.

Further, the Court said that the wife's absence, having remained ex-parte throughout, demonstrates her unwillingness to contest the case or deny the applicant’s allegations, reinforcing that the non-applicant voluntarily chose to break the matrimonial ties.

The Court was also of the opinion that such acts of wife, including insults and humiliation during a time of financial vulnerability, clearly amount to mental cruelty as recognized under law.

Accordingly, the High Court allowed the appeal.

Cause Title: ABC V. XYZ (Neutral Citation: 2025:CGHC:41430-DB)

Click here to read/download Judgment