Bilaspur:
 A wife's accusation of her husband having an illicit relationship with his sister-in-law proved costly for her. The Chhattisgarh High Court, deeming it mental cruelty, upheld the divorce granted to the husband. The court stated that making serious allegations about a spouse's character and marital fidelity without any basis can cause mental anguish and torture. On this basis, the wife's appeal was dismissed.

The case was heard by a division bench of Justice Parth Pritam Sahu and Justice Sushma Sawant. Rahul Yadav, a resident of Durg, had filed a divorce case in the family court, alleging mental cruelty by his wife, Anjali Yadav. The family court granted a divorce decree in the husband's favor on December 21, 2023. The wife challenged this in the High Court.

What was the husband's allegation?

    According to the husband, since their marriage, his wife had been abusive to his parents, his disabled elder brother, and his sister-in-law. She insisted on living separately and opposed his living with her husband's parents. The husband also alleged that his wife and her father pressured him to live with his in-laws as a live-in son-in-law and assist them in their business. The wife later went to her parents' home and did not return despite repeated attempts.

    The husband also stated that his wife had filed a complaint against him and his family members at the women's police station. Later, cases related to dowry harassment and domestic violence were also filed.

The wife claimed her husband
had tortured her and she left her parents' home with her son on May 27, 2018. She stated that she wanted to live with him, but he was unwilling to take her back. She also argued that her husband had not filed an application for restitution of marital rights and that her complaints could not be considered mental cruelty.

The High Court found the evidence significant.
    The High Court found that the husband, his father, and brother had testified regarding the wife's behavior. Their cross-examination revealed no material facts that would render their testimony unreliable.

    The Court particularly noted the allegation made by the wife during her husband's cross-examination that the husband had an illicit relationship with his sister-in-law. The Court stated that there was no evidence or basis on record for this serious allegation. Such allegations, without any basis, could cause severe mental anguish to the husband and amount to mental cruelty.

    The court also considered the facts revealed in the cross-examination of the wife and her father as significant. These included the husband's bearing the expenses of his wife's medical treatment and delivery, and his efforts to bring her back. The bench held that, in the overall circumstances, the wife's conduct was not limited to ordinary marital disputes.