'Cruelty,' HC Declares After Wife Alleges Husband's Affair With Mother

The Chhattisgarh High Court has observed that a wife alleging in different forums that her husband is involved in an illicit relationship with his mother would certainly amount to mental cruelty.

A two-judge bench of Justice Goutam Bhaduri and Justice Sanjay S. Agarwal noted that when such allegations are made by the wife against the husband, it amounts to assassinating the character of the mother and further ruins the reputation and value of the husband and wife in each other’s eyes.

Wife Alleges Husband Of Affair With Mother

Considering the facts, the bench allowed the appeal filed by the husband and set aside the family court’s order refusing to grant divorce.

The couple had gotten married on May 11, 2011. The husband claimed that after marriage, the wife’s behaviour towards him was not compatible and accused her of hurling abuses at him and his mother. Further, the wife frequently used to skip preparing meals so that the husband had to starve or eat at hotels. It was also submitted to the court that the wife used to go to the extent of threatening to inculpate the husband in a false case.

The husband filed an application before the family court seeking legal dissolution of marriage and the granting of a divorce decree. However, the family court dismissed his petition, leading him to move the instant appeal before the Chhattisgarh High Court.

The wife, on the other hand, claimed that she was a working woman, and the husband’s family took away her entire salary. She claimed that whenever the wife asked her husband if they could have a child, he denied it, citing that they could end up having a girl child. She stated that she was doing her Ph.D., was only getting a scholarship, and was being humiliated using witchcraft.

After considering all the evidence produced to the court, the bench noted that the wife had deserted the husband in December 2013 and had even filed a false case against him and his family under Section 498-A and Section 34 of the Indian Penal Code. Noting all the facts, the court acquitted all the claims on the grounds that the prosecution was unable to prove the case.

The court further stated that the wife admitted the fact that she had deposed that the husband had been involved in an illicit relationship with his mother.

Taking into account the wife’s admission, the apex court observed that the wife made reckless, defamatory, and false accusations against his family members and colleagues, leading to affect his reputation in the eyes of his peers.

The court also ruled that the wife's allegation of an illicit relationship between the husband and his mother would amount to inflicting mental cruelty. Thus, the court granted a decree of divorce.

With regard to maintenance, the court ruled that the wife would get Rs. 35,000 per month from the husband as maintenance, which would be deducted from his salary.

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