Excessive drinking habit by husband is mental cruelty to wife, family: Chhattisgarh High Court

The Chhattisgarh High Court recently observed that if a husband indulges in excessive drinking of alcohol instead of discharging his duties, it would amount to mental cruelty to his wife and family, including his children [Payal Sharma vs Umesh Sharma]..Justices Goutam Bhaduri and Sanjay Agrawal made the observation while allowing the wife's plea for the dissolution of her marriage on grounds of cruelty. The bench noted that the husband, in this case, did not even pay the school fees for his two children, even though his wife was not employed."It is very natural that the wife would depend upon the husband for her household need and to upbring her children to give a good education and life. If the husband instead of discharging of his obligation indulges himself in excessive drinking habit, which deteriorates the family condition, it would naturally lead to a mental cruelty to the wife and the entire family including children," the bench held. .The Court observed that many of the allegations of cruelty by the husband arose because of his allegedly excessive drinking habits. The Court was told that after consuming liquor and while in an intoxicated state, the husband used to abuse and assault his wife. It was further submitted that the condition got aggravated to the point where he even sold household goods to buy alcohol. The bench further noted that while the couple had two children, the husband never paid their school fees. When the wife asked for money to pay these fees or for other household goods, he is alleged to have abused and assaulted her..Since the husband did not cross-examine the wife on these allegations during family court proceedings, the High Court deemed that these allegations were accepted. The Court remarked that it could, therefore, be safely stated that the husband was mentally cruel to his wife. "The conduct of the wife would show that she tried to save the marriage as otherwise in the earlier occasion the application seeking divorce on the similar ground of excessive drinking would not have been withdrawn on the promise of the husband that he would mend his behaviour," the bench further opined..With these observations, the bench dissolved the February 2, 2006 marriage between the couple. The Court also ordered the husband to pay ₹15,000 per month to the wife as maintenance. .Advocate Barun Kumar Chakrabarty appeared for the wife. None represented the husband. .[Read Judgment]