The Madhya Pradesh High Court recently granted a woman a divorce after her husband was convicted and sentenced to life imprisonment for murdering his father over a property dispute.
The division bench consisting of Justice Vivek Rusia and Justice Rajendra Kumar Vani stated that while there isn't a specific provision for granting divorce based on the conviction of either spouse, relief can be granted in such cases due to mental cruelty.
“The conviction of the husband under Section 302 of IPC and sentence of life imprisonment amounts to mental cruelty towards the wife which entails her getting the divorce from her husband,” the Court said.
On appeal, the High Court observed that the husband had been involved in two criminal cases, with one resulting in his conviction for murder and a life sentence.
“Although there is provision for releasing him on bail by way of suspension of sentence, but it would be very difficult for a wife to live with a person who is facing trial under Section 307 of IPC and has been convicted under Section 302 of IPC for committing murder of his father it would certainly cause mental cruelty to her,” the Court opined.
Considering the husband's heinous act of murdering his own father due to a property dispute, the Court further reasoned that no wife should be expected to continue a matrimonial relationship with someone who exhibits such short-tempered and impulsive criminal behavior.
“Even otherwise, it is not a case of a wife living with a convicted husband but it would not be better for her daughter to live with her father, who has a criminal background. If she lives with the respondent at the age of 6 years it will not be advisable for her mental wellbeing,” it added.
The Court highlighted that the husband's criminal history would inevitably instill constant fear in the wife regarding her safety and that of her daughter. Thus, the Court overturned the family court's decision and granted dissolution of the marriage.
Advocate Suresh Agrawal represented the wife.
Advocate Rajmani Bansal represented the husband.
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