The Bombay High Court has ruled that a spouse threatening or attempting to commit suicide amounts to 'cruelty' and is a valid ground for divorce under the Hindu Marriage Act.

Justice R M Joshi of the Aurangabad bench upheld a family court's decree dissolving a couple's marriage, dismissing the wife's challenge to the order.

The husband had sought divorce on the grounds that his wife frequently threatened to end her life and implicate him and his family in false cases, which, he argued, constituted cruelty. The family court had accepted his plea, leading to the dissolution of the marriage.

The High Court, in its ruling, emphasized that the evidence presented by the husband and other witnesses sufficiently established the claim of cruelty. The court noted that the wife not only made threats but also once attempted suicide, an act severe enough to justify the grant of divorce.

"Such an act on the part of the spouse amounts to cruelty, making it a valid ground for the dissolution of marriage," the bench observed, adding that there was no perversity in the family court's decision warranting interference.

Background:

The couple got married in April 2009 and had a daughter. However, marital discord soon followed. The husband alleged that his in-laws frequently interfered in their marital life. In 2010, his wife left the matrimonial home to live with her parents and refused to return.

He further contended that she had threatened to commit suicide and file false complaints against him and his family. On one occasion, she allegedly attempted to end her life.

The wife, on the other hand, claimed she had faced abuse from her husband and his father, which led her to leave the matrimonial home. She denied the allegations of cruelty made by her husband.

With the High Court’s ruling, the family court’s decision to grant the husband a divorce remains unchallenged, reinforcing the legal standpoint that persistent threats or attempts at suicide by a spouse can constitute cruelty under matrimonial laws.