Threatening or attempting suicide is cruelty, ground for divorce: Bombay High Court

Mumbai: A spouse threatening or attempting to die by suicide amounts to 'cruelty' and is a valid ground for divorce, the Bombay High Court has said.

Justice R M Joshi of the high court's Aurangabad bench in the order last month upheld the decree passed by a family court dissolving a couple's marriage.

The woman had moved the HC challenging the family court order.

The man had alleged his wife threatened to send him and his family to jail by killing self. This amounts to cruelty under provisions of the Hindu Marriage Act, he said in the plea seeking divorce before the family court.

The HC bench in its order said the evidence submitted by the husband and other witnesses before the family court more than sufficiently demonstrates that the husband's contention of cruelty is proved.

The man has not only alleged that the wife used to threaten him and his family to send them to jail by committing suicide but, in fact, also once made an attempt to end her life, the court said.

"Such an act on the part of the spouse would amount to such a cruelty that it becomes a ground for decree of divorce," the HC said.

The bench refused to quash the family court order granting divorce, noting that no perversity is seen and hence no interference is required.

As per the case, the couple got married in April 2009 and has a daughter.

The man, however, claimed his in-laws used to frequently visit his house and cause interference in his marital life. He said that in 2010, his wife left his house and went to her parents' home, refusing to return.

The man also claimed his wife had threatened to die by suicide and once even attempted to end her life.

He further alleged that his wife said she would file false complaints against him and his family and send them to jail.

The woman, in her plea, said she was abused by her husband and his father and hence left the matrimonial home.

She denied having caused any cruelty to her husband.