Wife harassing husband, family is mental cruelty: HC

The Kerala High Court has observed that a woman harassing her husband and his family for a substantially long time by filing false complaints itself amounts to mental cruelty.

Published: 07th September 2019 05:32 AM  |   Last Updated: 07th September 2019 05:32 AM   |  A+A-

By Express News Service

KOCHI: The Kerala High Court has observed that a woman harassing her husband and his family for a substantially long time by filing false complaints itself amounts to mental cruelty.

A Division Bench comprising Justice AM Shaffique and Justice N Anilkumar issued the order while allowing a petition by a man seeking divorce. He alleged that the behaviour and conduct of his wife and her family were bad from the day he got married. He also alleged that he was being harassed both physically and mentally. He said that his wife left the house on several occasions without his consent. This was her second marriage. Her first marriage had ended in a divorce.  

The court noted that the duo has been at loggerheads for quite some time and she was not at all interested to have a married life with the petitioner. According to her, her husband had taken away all her ornaments and money. She admitted the fact that she was living separately, but she did not state the actual reason for her separation other than the vague allegation that she was being tortured. From the totality of the evidence, the court found out that the woman was not interested to live with her husband because his parents were staying there. There was no evidence to prove that they had made any demand for dowry and she could not prove that she was tortured in any manner.

The woman had also filed a criminal complaint against her husband and in-laws alleging torture, but it was dismissed. She also lodged a complaint saying that she was given 58.5 sovereigns of gold ornaments for her wedding and the day after her marriage, her husband and his parents took away the ornaments, saying it would be kept in a locker. Later, the court found that it was false.

The court observed that it was clear that the woman had been harassing her husband and his parents and she had even gone to the extent of filing false complaints against them. “The entire case was set up to harass them and therefore, the contention of the husband that his wife had been ill-treating him and his parents has to be believed.”The court held that the petitioner was entitled to a divorce.

Bench order
A Division Bench comprising Justice A M Shaffique and Justice N Anilkumar issued the order while allowing a petition by a man seeking divorce.
The court noted that the duo has been at loggerheads for quite some time and she was not at all interested to have a married life with the petitioner.

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