Taunting a husband for being unemployed during a financially vulnerable period amounts to mental cruelty, Chhattisgarh high court has ruled while granting divorce to a 52-year-old lawyer from Durg.
The Chhattisgarh High Court has said that relentlessly taunting a husband for being unemployed during a financially vulnerable phase constitutes mental cruelty. The verdict came as the court granted divorce to a 52-year-old lawyer from Durg, overturning an earlier dismissal of his plea. A division bench comprising Justice Rajani Dubey and Justice Amitendra Kishore Prasad set aside the family court’s October 2023 judgment, holding that the wife’s conduct; abandoning her husband and son without reason, subjecting him to ridicule during economic hardship, and skipping legal proceedings seen as the grounds of cruelty and desertion under the Hindu Marriage Act, 1955.
The couple, married on December 26, 1996, in Bhilai, have a 19-year-old daughter and a 16-year-old son. Records reveal that the husband supported his wife’s academic pursuits, helping her complete her PhD and secure a post as a school principal. However, his counsel told the court that she fought over trivial matters and taunted him when the pandemic-induced court closures brought his income to a standstill. Following a heated dispute in August 2020, she left with their daughter, leaving behind the husband and their son, who both attempted reconciliation but were turned away.
Since September 16, 2020, the couple has lived separately. Observing that the marriage had “broken down irretrievably,” the bench ruled that her departure without justifiable cause amounted to desertion. Her absence from the proceedings further signaled an intent to sever ties permanently.
“A spouse’s behaviour, including verbal altercations and unreasonable demands, can constitute mental cruelty, warranting a decree of divorce,” the judges remarked, dissolving the nearly three-decade-long marriage.