RAIPUR: The Chhattisgarh high court has overturned a judgment from the Raipur family court, granting divorce to a woman on the grounds that verbally abusing a teacher-wife in front of her students constitutes 'mental cruelty.'
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The court also noted that a husband mistreating his wife, particularly when she is a teacher, with offensive language in the presence of her students not only tarnishes her image in society but also qualifies as mental cruelty under the Hindu Marriage Act.
The division bench of the high court, consisting of Justices Gautam Bhaduri and Deepak Kumar Tiwari, accepted the woman's plea for divorce based on allegations of cruelty.
The judgment, primarily based on the testimony of the wife and her father, highlighted various instances indicating an environment of emotional distress and financial constraints within the marriage.
The court observed that the absence of evidence from the husband/respondent, particularly regarding his employment status, significantly influenced the direction of the case.
The wife's claim that her husband had stopped working and opposed her efforts to seek employment for financial stability was considered credible due to the lack of contradictory evidence.
Furthermore, the judgment highlighted instances where the husband allegedly tarnished the wife's character, especially in front of her students while she conducted tuition classes at home.
This behavior was deemed potentially damaging to the wife's reputation and emotionally distressing, especially for her students, potentially leading to a loss of respect for their teacher.
The court emphasized that the husband's mere intention to retain his wife and children cannot overshadow the continuous alleged activities contributing to mental cruelty.
The judgment concluded that the wife had successfully substantiated claims of mental and physical cruelty inflicted upon her by the husband.
Previously, the family court in Raipur had dismissed the woman's request for divorce based on the aforementioned grounds.
Dissatisfied with the family court's judgment, the woman appealed to the high court.
The woman entered into a love marriage on November 30, 2005.