A division bench of Justices Revati Mohite Dere and Dr. Neela Gokhale of the Bombay High Court on Thursday upheld a 2019 Pune family court order granting divorce on grounds of cruelty and desertion under the Hindu Marriage Act.
The couple, married in December 2013, separated within a year. The wife had filed a police complaint in 2015 alleging harassment and non-return of her streedhan by her husband and in-laws. She later approached the family court seeking restitution of conjugal rights, expressing her desire to save the marriage.
The husband, however, denied the allegations and sought divorce, stating that:
- She insulted him publicly, including in front of friends.
- She refused physical intimacy throughout their marriage.
- She falsely accused him of extra-marital affairs.
- She harassed his differently-abled sister, worsening her health.
- She misbehaved with his office staff.
The family court had ruled in his favor, dismissing the wife’s plea. The woman then approached the High Court in 2021 to challenge the divorce decree and seek ₹10,000/month as maintenance.
Despite multiple mediation attempts, the High Court concluded that reconciliation was not possible. Observing the wife’s behavior as mentally agonizing and humiliating, the court agreed that:
- Public insults,
- Refusal of conjugal relations, and
- Baseless accusations of infidelity
all constitute mental cruelty. Her conduct towards the husband’s family and staff added to the distress, the court ruled.
The High Court dismissed her appeal, upholding the family court’s decision and denying her maintenance claim.