Excessive Drinking By Husband Is Mental Cruelty: Chhattisgarh HC

The Chhattisgarh High Court recently noted that if a husband drinks excessive alcohol instead of doing his duties, it would amount to mental cruelty to the wife and family, including the children.

A two-judge bench comprising Justices Goutam Baduri and Sanjay Agarwal made the observation while allowing a wife’s plea for dissolution of marriage on grounds of cruelty.

Husband's

Excessive Drinking Is Mental Cruelty

The bench stated that the husband in this case didn’t even pay the children’s school fees, even though the wife was unemployed. The bench held that it was very natural for the wife to depend on her husband for household needs and for the upbringing of the children. Hence, if the husband indulges himself in excessive drinking habits instead of discharging his duties, which leads to deterioration of the family condition, it would naturally lead to mental cruelty to the wife, children, and the entire family.

The court also noted that many of the allegations levelled against the husband were because of his excessive drinking habit. It was submitted to the court that the husband used to hit and assault his wife after consuming liquor in an inebriated state. He had even sold household items to buy alcohol, which worsened the family condition.

Further, the court was told that the husband never paid school fees for both the children. Whenever his wife asked him to pay school fees or buy household items, he used to abuse and assault her.

Since the husband didn’t want the wife to be cross-examined during the court proceedings, the high court deemed that he had accepted the allegations against him. The court remarked that, therefore, the husband had inflicted mental cruelty upon the wife.

The bench also opined that the wife tried to save the marriage by withdrawing an earlier application for divorce on the grounds of excessive drinking after the husband had promised to mend his ways. However, she decided to seek divorce after he failed to keep up the promise.

Dissolving the couple’s marriage that was solemnised on February 6, 2006, the bench ordered the husband to pay Rs. 15,000 per month as maintenance to the wife.

Suggested Reading: Kerala HC Rules Comparing Wife To Other Women And Taunting Her Is Mental Cruelty