The main legal point established in the judgment is the definition and assessment of mental cruelty in the context of divorce under the Hindu Marriage Act, emphasizing sustained abusive and humiliating treatment, character assassination, and physical and mental assault as forms of mental cruelty.

JUDGMENT :

Heard.

1. The instant appeal is against the judgment and decree dated 17.12.2019 passed in H.M.A. 677/2017 by the learned family Court, Raipur, whereby the application filed by the husband seeking divorce on the ground of cruelty was allowed. The present appeal is by the wife.

2. The brief facts of the case are that the husband leveled allegation that the marriage in between the parties solemnized on 31.10.2010 and out of the said wedlock a child was born. Thereafter, with the passage of time, it is alleged that the wife used to spent money as per her own choice and the visit of the husband to his parents was objected & eventually stopped. It is stated whenever he wanted to visit his parents, the wife used to abuse him resulting into stoppage of meeting of the husband with his parents. It was further alleged that without the consent and permission of the husband she went to a place called Belpahad for her business at Mahanadi coalfield for the business of coal shifting and when the husband tried to intervene, he was abused and insulted. The respondent/husband further alleged that the wife used to take away the entire salary of the husband and used to spent in her business and if a query was made about the expenses, it was reciprocated with the abuses. It is alleged that the wife procured 5 vehicles on loan without the consent of the husband and she deliberately stopped to discharge her household responsibilities including taking care of the child. It is stated that even the husband was stopped to attend the marriage of his real brother and the maternal sister of the husband when wanted to visit their place to appear in an examination from outside, the wife alleged illicit relation of the girl with the husband. It was further alleged that the husband is having an illicit relation with an office colleague. In a result, the husband on different occasions made a police report explaining the facts.

3. It is further alleged that at one occasion the wife had surreptitiously stolen away the valuable papers which were kept in the car and the report having been made about such theft, after CCTV footage when it was discovered that the wife had done this, she was arrested in a criminal case. Referring to a particular date, it is stated by the husband that the wife used to abuse and bald allegations were made against the husband and even at a point of time she assaulted the younger sister of the respondent, therefore, on various grounds, the husband sought decree of divorce.

4. The wife in turn in reply contended that she had never misbehaved with the husband and has not committed any cruelty but it was at the behest of the husband after an affair, they entered into a wedlock. She further stated that the husband knowing fully well that she is a widow, the marriage was performed. She further stated that because of the wish and will of the husband, she underwent a surgery to conceive the child and thereafter child was born. It is further stated that after birth of the child, the behaviour of the husband became strange and for the some reason or the other he wanted to separate. Therefore, on false allegations and grounds, the application for divorce was filed.

5. Learned family Court framed issue on the ground that whether the husband was treated with cruelty by wife or not. On behalf of the husband/respondent, two witnesses were examined namely Surendra Kumar Patel i.e. the husband himself as PW-1 and sister of the wife namely Rohini Mishra (PW-2). Whereas on behalf of the wife, she examined herself as DW-1 and one witness Ananda Pathak, another sister. The learned family Court after evaluating the facts & evidence, allowed the application of the husband, thereby decree of divorce was granted. Being aggrieved by such judgment and decree, the present appeal is by the wife.

6. Learned counsel for the appellant/wife would submit that the learned family Court failed to appreciate the fact that the wife was treated with cruelty by the husband