Bombay High Court has held that repeated 'suicide threats or attempts' in a marriage is cruelty and therefore a valid reason for divorce under the Hindu Marriage Act.

Justice RM Joshi recently dismissed an appeal filed by a woman who sought to challenge a Family Court’s decision that had granted her husband a divorce on the grounds of cruelty. The lower court had held that the wife's conduct caused her husband grave mental distress.

The wife, according to the husband's allegations, regularly threatened to commit suicide and falsely involve him and his aged parents in legal jeopardy. He further stated that she once attempted suicide by cutting her veins. To conceal the injury marks when appearing in court, she applied mehendi on her hands.

"The husband has not merely alleged threats; there was an actual suicide attempt. Such behavior by a spouse is an extreme form of cruelty and justifies the dissolution of marriage," observed Justice Joshi in his ruling dated February 20.

The husband also alleged that his wife falsely accused his father of misconduct, claiming he was an alcoholic who harassed and assaulted her. However, after reviewing evidence from both the Trial Court and the Appellate Court, Justice Joshi concluded that the wife failed to prove these allegations. Furthermore, she was unable to counter the accusations made against her.

"The evidence presented supports the Trial Court’s decision to grant a divorce, which was reaffirmed by the First Appellate Court. There is no inconsistency in the findings that would require judicial interference. Since there is no substantial question of law involved, this appeal is dismissed," the judge stated.

As a result, the Aurangabad bench of the Bombay High Court upheld the divorce, reinforcing that using threats of suicide to manipulate a spouse and their family amounts to cruelty.

The case pertained to a couple who married in April 2009 and later had a daughter. The husband claimed that his in-laws frequently interfered in their relationship and that his wife left their home without informing him in October 2010. He further stated that he and his family were mistreated whenever they visited her parental home. Additionally, he testified that she consistently threatened suicide to falsely implicate him and his family in criminal cases, even going as far as attempting it once.

In response, the wife alleged that her father-in-law was an alcoholic who mistreated her, denying any wrongdoing on her part. However, the lower courts ruled in favor of the husband, concluding that he had endured cruelty. When she appealed to the High Court, Justice Joshi, after examining all evidence, found that the husband had presented strong proof to support his claims. The judge added that the wife had failed to explain her false accusations against her father-in-law and underlined the seriousness of her threats of suicide.

"Such conduct amounts to cruelty and is a sufficient reason for granting divorce," said Justice Joshi. The court confirmed that the lower courts' findings were consistent with the evidence and saw no errors which called for further scrutiny. Accordingly, the High Court rejected the wife's appeal, confirming the divorce.

(Input from various sources)

(Rehash/Sai Sindhuja K/MSM)