Wife visiting husband in office, abusing him in front of colleagues amounts to cruelty: Chhattisgarh High Court

The Chhattisgarh High Court recently held that a wife frequently visiting her husband's office and abusing and insulting him and creating a scene in front of the husband's colleagues would amount to cruelty entitling the husband to divorce [Nalini Mishra v Surendra Patel]..A division bench of Justice Goutam Bhaduri and Justice Radhakishan Agrawal was hearing an appeal filed by woman challenging the family court's order granting divorce on the ground of cruelty by wife."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," the Court said.The bench also observed that a complaint filed by wife with the Chief Minister alleging that her husband was having an illicit affair with a female colleague and should, therefore, be transferred, amounted to cruelty. "Complaint by wife against husband to Minister claiming a transfer of husband on the ground of illicit relation with a lady colleague without any substance would amount to cruelty," the judgment said. The Court, therefore, upheld a family court order which had granted divorce to the husband..By way of background, the couple had gotten married in the year 2010 and a child was born out of the wedlock. It was alleged by the respondent/husband that the wife used to spent money as per her own choice and objected to the husband visiting his parents.The husband further alleged that the wife used to take away his entire salary and used to spent the same in her business. If any query was made about the expenses, it was reciprocated with the abuses. It was also 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.She also started making allegations of the husband having illicit relations with other women.Subsequently, husband filed for divorce on ground of cruelty. The family Court after evaluating the facts and evidence, allowed the plea and a decree of divorce was granted. Interestingly, one of the sisters of wife deposed before the Court against the wife and in favour of the husband.Aggrieved by that order, the present appeal was filed by the wife..The counsel for wife submitted that the family court failed to appreciate the fact that the wife was treated with cruelty by her husband.It was contended that the statement of the wife would show that cruelty was meted out by the husband to her and he tried to create false evidence to get divorce.It was further submitted that the wife wanted to live with the husband along with child but on the some reason or the other, the husband did not want to stay with the wife. He further submitted that the wife was financially independent and the allegation of the husband that the wife was interested in the money of the husband was complete falsehood. It was also contended that family court rendered the erroneous judgment only based on the deposition of one of her real sisters. The statement of the wife and the cross-examination of the husband do not bring home factor of cruelty and only for the reason that one real sister has deposed against the wife, the family Court fell into error to hold the factum of cruelty, it was submitted..On the other hand, the counsel for husband argued that the wife not only indulged in character assassination of her husband by alleging extra-marital affair but also went to the extent of going to his office and creating a scene there in front of his colleagues. She also sent letters to the Chief Minister seeking transfer of her husband alleging that he had illicit relations. The bench noted that the assessment of the evidence showed that the wife used to abuse the husband on trivial issues. The Court also highlighted some instances of wife's conduct. One was report/ letter sent by the wife to the Chief Minister seeking transfer of her husband."The wife when was confronted with such letter, denied to have signed it. In the deposition memo and the affidavit, the signature of the wife is appended. When the signature of Ex. P-4 is compared with the signature of the affidavit and the deposition sheet, it prima facie shows that it is one and same. Therefore, in exercise of power under Section 73 of the Evidence Act by comparison of the signature, we hold it that there is no ambiguity or any slightest deflection that Ex. P-4 was signed by the wife Nalini," the Court said.Regarding the allegations of illicit relations made by the wife, the Court said that there was no evidence apart from the oral statement of the wife to substantiate such allegations. Importantly, the Court noted that the sister of the wife itself had deposed against her."In her statement she deposed that Nalini, her sister, is an angry and quarrelsome lady. She started living separately with her earlier husband after living with him for two years at Odisha, whereby the first husband Paresh Vishwakarma landed in many troubles and suffered illness and eventually died. Thereafter, her sister came down to Raipur along with his son and was staying with them. Thereafter, she left the children in the custody of the sister and her mother and started living with one Umesh at place Changorabhatha. The family members thereafter intervened and she again came back and started work of contractor," the Court noted..As per that deposition, the wife subsequently got a job of drain construction work contract at Bilaigarh and Kasdol, she came in contact with Surendra. Subsequently, she was married in the year 2010."She further deposed that she used to abuse on trivial issues even to the cousin sister of Surendra Patel and the lady staff in the office and used to doubt the character of them. She further stated that the sister Nalini at many times used to go to the office of her husband and made all noise & create a scene and used to complain. She accompanied with her at some times, subsequently she stopped joining with her. She further stated that when the cousin sister came to appear in an examination, she was thrown out on the ground that the husband has illicit relation with her," the Court observed.Thus, it held that the over all assessment of the evidence showed that the appellant/wife used to abuse the husband on trivial issues and even other instances of wife's conduct amounted to cruelty."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," the judgment said..The bench, therefore, upheld verdict of the Family Court and dismissed the appeal.The appellant was represented by Advocate Shishir Shrivastava while the respondent was represented by Advocate C. Jayant K. Rao..[Read Judgment]