Wife's Repeated Threat To Commit Suicide Amounts To Mental Cruelty Upon Husband: Madras HC Allows Dissolution Of Marriage

The Court took note of the “threat, humiliation, highhandedness of the wife and her relatives” upon the husband and his family while granting divorce under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (HMA). The Bench noted that the husband had unsuccessfully fought for divorce for the past 17 years, where both the parties were living separately.

A Single Bench of Justice S. Srimathy observed, “When there is repeated threat to commit suicide, when the wife had visited the workplace and insulted the husband, when the husband was threatened by the wife’s brother during his official duty, when the dowry harassment case was filed against the parents, sisters and their husbands and when the said dowry harassment case was published in the newspapers along with the names of the entire family, especially the name of the sisters and their husbands’ names were published, then the same would amount to mental cruelty caused to the husband by the wife.”

Advocate V.K. Vijaya Raghavan appeared for the appellant, while Senior Advocate Saravanan represented the respondent.

The husband alleged that the wife imposed conditions on him that he should not talk to his parents and should never have any connection with his family. If not, she threatened the husband that she would commit suicide or file a false dowry case against the husband’s entire family through her father and brother who are Advocates in the High Court.

The husband also alleged that the wife attempted suicide, following which her brother threatened the husband to handle his wife properly otherwise he would face dire consequences of facing a false dowry case. The other allegation was that the wife had tarnished the image of the husband by visiting to his workplace and picking up a quarrel.

The High Court stated that there was a difference between “attempting to commit suicide” and “repeated threat to commit suicide”.

“Generally, for threat to commit suicide, there may not be direct evidence but may be based on the conversation between the husband and wife and / or other circumstances of the case. In the present case, the husband’s father had deposed that the daughter-in-law had given repeated threats to commit suicide whenever the husband intends to see his family or speak to his family or anyway maintain connection with his family,” the Court remarked.

The Court also noted that the wife had threatened to file a dowry harassment case if her demands were not fulfilled by the husband. She even filed a police complaint for dowry harassment not only against husband but the entire family.

“When the wife had preferred dowry harassment case against the married sisters and their husbands, then the same would conclusively prove there is mental cruelty against the husband,” the Court explained.

Consequently, the Court granted divorce stating, “The above narration of events would indicate that the husband is suffering in the hands of the wife and no longer the husband can carry on such suffering.”

Accordingly, the High Court allowed the appeal.

Cause Title: C v. V

Appearance:

Appellant: Advocates V.K. Vijaya Raghavan and K.C. Ramalingam

Respondent: Senior Advocate Saravanan; Advocate T. Senthil Kumar

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