While upholding a divorce decree that was granted in favour of the husband, the Chhattisgarh High Court at Bilaspur has in an extremely laudable, learned, landmark and latest judgment titled Smt Nalini Mishra vs Surendra Kumar Patel in FA(MAT) No. 8 of 2020 that was pronounced finally on August 18, 2022 observed that the act of a wife visiting the office premises of the husband and creating scenes with abusive language amount to cruelty. The Division Bench of Hon’ble Shri Justice Goutam Bhaduri and Hon’ble Shri Justice Radhakishan Agrawal observed that, “…when a wife goes to the office premises of the husband, abuses him and accuses him of certain relation, naturally it would result into diminishing the image of the husband before the colleagues and the office stature will certainly go down.” The Court was also of the firm view that abusing in-laws, stopping the husband to meet his parents, and forcing the husband to leave the marriage function of his younger brother are also unnatural cruel acts as such acts would bring down the image and the prestige of a family in the public eye which may also amount to cruelty.
At the outset, this learned judgment authored by Hon’ble Shri Justice Goutam Bhaduri for a Division Bench of Chhattisgarh High Court comprising of himself and Hon’ble Shri Justice Radhakishan Agrawal first and foremost puts forth in para 1 that, “The instant appeal is against the judgment and decree dated 17.12.2019 passed in H.M.A. 677/2017 by the learned family Court, Raipur, whereby the application filed by the husband seeking divorce on the ground of cruelty was allowed. The present appeal is by the wife.”
To put things in perspective, the Division Bench then envisages in para 2 that, “The brief facts of the case are that the husband levelled allegation that the marriage in between the parties solemnized on 31.10.2010 and out of the said wedlock a child was born. Thereafter, with the passage of time, it is alleged that the wife used to spent money as per her own choice and the visit of the husband to his parents was objected & eventually stopped. It is stated whenever he wanted to visit his parents, the wife used to abuse him resulting into stoppage of meeting of the husband with his parents. It was further alleged that without the consent and permission of the husband she went to a place called Belpahad for her business at Mahanadi coalfield for the business of coal shifting and when the husband tried to intervene, he was abused and insulted. The respondent/husband further alleged that the wife used to take away the entire salary of the husband and used to spent in her business and if a query was made about the expenses, it was reciprocated with the abuses. It is alleged that the wife procured 5 vehicles on loan without the consent of the husband and she deliberately stopped to discharge her household responsibilities including taking care of the child. It is stated that even the husband was stopped to attend the marriage of his real brother and the maternal sister of the husband when wanted to visit their place to appear in an examination from outside, the wife alleged illicit relation of the girl with the husband. It was further alleged that the husband is having an illicit relation with an office colleague. In a result, the husband on different occasions made a police report explaining the facts.”
Further, it is then stated in para 3 that, “It is further alleged that at one occasion the wife had surreptitiously stolen away the valuable papers which were kept in the car and the report having been made about such theft, after CCTV footage when it was discovered that the wife had done this, she was arrested in a criminal case. Referring to a particular date, it is stated by the husband that the wife used to abuse and bald allegations were made against the husband and even at a point of time she assaulted the younger sister of the respondent, therefore, on various grounds, the husband sought decree of divorce.”
To be sure, the Division Bench then discloses in para 5 that, “Learned family Court framed issue on the ground that whether the husband was treated with cruelty by wife or not. On behalf of the husband/respondent, two witnesses were examined namely Surendra Kumar Patel i.e. the husband himself as PW-1 and sister of the wife namely Rohini Mishra (PW-2). Whereas on behalf of the wife, she examined herself as DW-1 and one witness Ananda Pathak, another sister. The learned family Court after evaluating the facts & evidence, allowed the application of the husband, thereby decree of divorce was granted. Being aggrieved by such judgment and decree, the present appeal is by the wife.”
It cannot be glossed over that the Division Bench then lays bare in para 10 that, “In the backdrop of facts, we would like to deliberate upon evidence to find out whether sufficient evidence exist over the cruelty as against the husband. The husband Surendra Kumar Patel was examined as PW-1. As per the statement, both of them met in the year 2009 thereafter fell in love and got married on 31.10.2010 is not in dispute. It is further stated that after marriage, the entire salary of the husband was being taken away by the wife and she used to spend money according to her own choice and will. He further stated that whenever he wanted to visit his parents, it was objected by the wife and even hurled severe abuses. He stated that as a result of it, there was a complete stoppage of meeting of the husband with his parents. He further stated that even giving the entire salary part to the wife, she demanded more money for her business as she was engaged in a coal handling business and on her pressure, the husband took a loan of Rs.5 Lakhs from his friends to procure the vehicle for the business of wife. Narrating an incident of 09.12.2016 it is deposed that the marriage of the brother of the respondent was fixed and he went to attend the marriage, but over the phone he was abused severely, he had to leave the procession of marriage in the mid way and had to come back. He further stated that when he came back at that time she also started abusing to the extent that the neighbors had to intervene to console.”
Furthermore, it is then revealed in para 11 that, “Further narrating an incident it is stated that the cousin sister of the respondent namely Shweta had to come to Raipur to appear in a P.S.C. exam and the respondent being brother asked her to stay in their house. However, when she came, the wife made allegation of illicit relation in between them and abused. Subsequently, she made a complaint to the office that the husband has an illicit relation with a lady colleague of the office and when he wanted to console, threat was extended that he would be inculpated in a criminal case. It is further deposed that because of the torture meted out, the earlier husband of the appellant got separated and eventually he died. Narrating the further incident of 03.05.2018, it is stated that when the respondent after parking his car in the office went along with higher officials for some official work and when came back he found the door of the car opened and it was observed that the important papers from the car were stolen which includes ATM Card, Adhar Card etc. along with official important documents, for which on the basis of CCTV footage a report was made and it was found that it was the wife who had stolen the said documents, for which she was arrested for the offence under Section 379 IPC and subsequently was released. It is stated that in order to damage the reputation and causing harm to the husband, the wife had done such act.”
Most significantly, the Division Bench minces no words to hold in para 16 that, “The over all assessment of the evidence, therefore, would show that the appellant/wife used to abuse the husband on trivial issues of which the husband made complaint many times, which is proved by Ex. P-1, P-2 & P-3, however, the same being non-cognizable, the police did not take cognizance of it. The fact remains that the husband made complaint to the police about the rash and abusive behaviour coupled with the fact that the complaint was made that he was physically abused with the scratches on his neck. The statement of Surendra Kumar Patel (PW-1) read with Ex. P-4 supported by statement of Rohini Mishra (PW-2) would show that the wife has made void allegation of illicit relationship of the husband with a lady outside the marriage and even a complaint was made by the wife to the Chief Minister to transfer the husband from a particular posting in the office with allegation of illicit relations. Apart from it, the statement of Surendra Kumar Patel (PW-1) & Rohini Mishra (PW-2) it is established that the wife used to visit the office of the husband and create scene with abusive language. In such a situation when a wife goes to the office premises of the husband, abuses him and accuses him of certain relation, naturally it would result into diminishing the image of the husband before the colleagues and the office stature will certainly go down. Except such oral bald allegation by the wife, the allegation could not be established. Even it is stated that the wife used to abuse the in-laws and stopped the husband to meet his parents, which would also amount to cruelty. To pull back the husband to attend the marriage procession in the mid way, whereby the husband was forced to leave the marriage of his younger brother is also an unnatural cruel act. Such act would bring down the image and the prestige of a family in the public hike, which may also amount to cruelty.”
Most forthrightly, the Division Bench then hastens to add in para 17 that, “Taking into over all evidence, we are of the opinion that the judgment and decree passed by the learned Family Court do not require any interference and we affirm the finding arrived at by the Family Court.”
Finally, the Division Bench then concludes by holding in para 18 that, “In a result, the appeal fails and is dismissed.”
All told, the Chhattisgarh High Court has in this notable judgment affirmed the finding arrived at by the Family Court. The Court made it indubitably clear that frequent visits to husband’s office to create scene with abusive language would amount to cruelty. The decree of divorce was thus upheld. Very rightly so!
