Husband file divorce case on the ground of mental cruelty, abusing and beating by stick. In the said case he has made several false allegations against me. He said that I used to abuse him in front of housekeeper, whenever he wanted to meet his parents, I prohibit him etc. The housekeeper is employee in his shop. He will give statement in his favour. My husband has extra marital affair with his client. When that matter was unveiled the elders from our family intervened and settled that dispute. After that he has been trying to kick me out from his life. He used to come home late night and not establishing any physical relationship. I have been tortured by my husband for long time. We have three children, all are teenagers. In this situation I cannot live separate from my husband. Please suggest what to do.
Asked from: Uttar Pradesh
From the facts of your case, it appears that the allegations made are vague and generalized. You have three school-going children, which clearly indicates that your marital life has been considerably long. During such an extended period of cohabitation, your husband has failed to present any specific allegations of physical or mental cruelty. This in itself suggests that the accusations are false and frivolous.
In Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511, the Supreme Court outlined several instances of what may constitute mental cruelty. The Court observed that mental cruelty is essentially a state of mind. A feeling of deep anguish, disappointment, and frustration caused by the conduct of one spouse over a prolonged period may amount to mental cruelty.
When evaluating the entirety of the matrimonial relationship, if there is acute mental pain, agony, and suffering to such an extent that it becomes impossible for the spouses to live together, it may fall under the definition of mental cruelty. However, the Court also emphasized that mere trivial irritations, minor quarrels, and the normal wear and tear of married life are not sufficient grounds for divorce on this basis.
Given this legal framework, it is unlikely that a divorce decree would be granted solely on the ground of mental cruelty in your case. General disagreements and challenges in marriage do not amount to mental cruelty. Moreover, the absence of any specific allegations of physical abuse further weakens your husband’s case. Based on the current facts, it would be extremely difficult for him to obtain a divorce decree.
In the present circumstances, it is advisable that you file a complaint under the Domestic Violence Act. You are entitled to seek financial assistance from your husband. Through such a complaint, you may receive a monthly allowance and obtain legal protection from any further physical or mental abuse.
