Wife is open minded lady wants to live luxurious life upon my resistance she filed divorce case on cruelty. My father-in-law is a member of the Indian Police Service, and I have graduated from the Indian Institute of Technology. I am currently employed in a multinational corporation situated in Bengaluru. My wife, who desires a luxurious lifestyle, filed for divorce, alleging cruelty, despite being a liberal-minded individual. She has claimed that I do not allow her to attend nightclubs or spend time with her friends. However, we spend quality time together every weekend, and we even go on vacations overseas. Additionally, my wife frequently purchases high-end branded goods and clothing, which I do not restrict since I earn a decent income and can afford these expenses. I want to know what to do in that divorce case?
When one spouse experiences a sense of distress, letdown, and frustration due to the behavior of the other, it can only be comprehended by considering the surrounding facts and circumstances of their matrimonial life. To assess mental cruelty, the cumulative impact of all the facts and circumstances must be taken into account, instead of considering a single instance of misconduct in isolation.
It is not appropriate to evaluate whether a specific behavior alone is enough to constitute mental cruelty. The proper approach is to examine the evidence as a whole and draw a fair inference regarding whether the petitioner has been subjected to mental cruelty due to the conduct of the other party.
Cruelty may stem from intangible and non-physical actions that cannot be substantiated with evidence, yet they are still perceptible. This statement pertains to a particular set of circumstances in which the other party has deprived the applicant of marital happiness and failed to participate on the wedding night, as well as subsequent occasions. Although such actions may not be physical, they can still be felt and experienced.
The principles mentioned earlier pertain to cases of mental cruelty. As none of these factors are present in your case, the divorce case will not be sustainable. It is advisable to contest the case, as your wife lacks evidence to substantiate any claims of cruelty, be it mental or physical. With proper legal representation and evidence to support your case, it is highly likely that the court will dismiss this case. In Dr. N.G. Dastane v. S. Dastane, (1975) 2 SCC 326 the supreme court has held that
Cruelty for the purpose of Section 13(1)(i-a) is to be taken as a behaviour by one spouse towards the other, which causes reasonable apprehension in the mind of the latter that it is not safe for him or her to continue the matrimonial relationship with the other.
Based on the information provided, it appears that there are no circumstances in your case that would support your wife’s claims. As a result, there is a slim chance that her case will hold up in court. It is recommended that you gather evidence to demonstrate that there were no restrictions placed on your wife’s daily activities, including foreign trips and other expenses.
Additionally, it should be noted that preventing your wife from attending nightclubs does not necessarily constitute cruelty. Therefore, this particular claim can be challenged in court. By presenting a strong case with proper evidence, there is a good chance that you will emerge successful in the divorce proceedings.
