No Husband Would Tolerate Vulgar Chatting By Wife With Opposite Gender: Madhya Pradesh High Court Affirms Divorce
The Madhya Pradesh High Court dismissed the wife’s Appeal challenging the decision of the Family Court which allowed the husband’s Petition for divorce on the ground of mental cruelty.
While remarking that no husband would tolerate “vulgar chatting” by his wife with the opposite gender, the Madhya Pradesh High Court has affirmed the decision of the Family Court dissolving their marriage.
The Court dismissed the wife’s Appeal challenging the decision of the Family Court which allowed the husband’s Petition for divorce on the ground of mental cruelty under Section 13 of the Hindu Marriage Act, 1955 (HMA). The Bench remarked, “It is not expected from a wife or husband to indulge into in to the undignified or indecent conversation by way of chatting with a male or female friends as the case may be that too after marriage.”
A Division Bench of Justice Vivek Rusia and Justice Gajendra Singh held, “We are in completely agreement with reasoning given by the ld. Family court. The respondent has certainly make out the case by way of evidence that the appellant committed mentally cruelty upon him. Learned counsel for the appellant has failed to point out any perversity in the findings recorded by the family court, hence the appeal is liable to be dismissed.”
Advocate Yash Pal Rathore appeared for the Appellant, while Senior Advocate Virendra Sharma represented the Respondent.
Brief Facts
The husband had filed a Petition seeking divorce on the ground of mental cruelty, alleging that the wife misbehaved with his mother, addressing her as 'mother of deaf' and engaged in vulgar chatting with other male friends after marriage. He produced WhatsApp conversations and other materials in evidence before the Family Court, which found that the wife used to talk with her old lovers about her physical relationship with the husband.
The wife challenged the decision of the Family Court and denied the allegations claiming that the husband had hacked her mobile and created false evidence. She further alleged that she was subjected to beatings, insults, and a demand for dowry.
Court’s Reasoning
The High Court noted that the wife had not filed any counterblast such as a complaint under the Domestic Violence Act or any criminal case against the husband.
The Bench stated, “No husband would tolerate that his wife is in conversation through mobile by way of these type of vulgar chatting.”
“After marriage husband and wife both have freedom to have a conversation by way of mobile, chatting and other means with friends but the level of conversation should be decent and dignified , specially when it is with an opposite gender, which may not objectionable to the life partner. If despite objection husband or wife continues with such activity of activities , then certainly it causes mental cruelty,” the Bench remarked.
Consequently, the Court held, “The judgment dated 24.6.2023, passed by the Additional Principal Judge, Family Court, Ujjain whereby the marriage of the appellant and respondent has been dissolved is hereby affirmed and first appeal is accordingly dismissed.”
Accordingly, the High Court dismissed the Appeal.
Cause Title: X v. Y (Neutral Citation: 2025:MPHC-IND:6022)
Appearance:
Appellant: Advocate Yash Pal Rathore
Respondent: Senior Advocate Virendra Sharma; Advocate Satish Yadav
