Allegations By Wife Affecting Career & Reputation Of Husband Amounts To Mental Cruelty: A Ground For Seeking Divorce
Case: Joydeep Majumdar Vs Bharti Jaiswal Majumdar
Coram: Justices Sanjay Kishan Kaul, Dinesh Maheshwari, and Hrishikesh Roy
Case No: CA NOS. 3786-3787 OF 2020
Court observation: “For considering dissolution of marriage at the instance of a spouse who alleges mental cruelty, the result of such mental cruelty must be such that it is not possible to continue with the matrimonial relationship. In other words, the wronged party cannot be expected to condone such conduct and continue to live with his/her spouse.
The degree of tolerance will vary from one couple to another and the Court will have to bear in mind the background, the level of education, and also the status of the parties, in order to determine whether the cruelty alleged is sufficient to justify the dissolution of marriage, at the instance of the wronged party.” the bench noted.
“When the reputation of the spouse is sullied amongst his colleagues, his superiors, and the society at large, it would be difficult to expect condonation of such conduct by the affected party.
The explanation of the wife that she made those complaints in order to protect the matrimonial ties would not in our view, justify the persistent effort made by her to undermine the dignity and reputation of the appellant. In circumstances like this, the wronged party cannot be expected to continue with the matrimonial relationship and there is enough justification for him to seek separation.” it said.
“We are of the considered opinion that the High Court was in error in describing the broken relationship as normal wear and tear of middle class married life.
It is a definite case of cruelty inflicted by the respondent against the appellant and as such enough justification is found to set aside the impugned judgment of the High Court and to restore the order passed by the Family Court”