Spouse’s Attempted Suicide Is Grounds For Divorce, Says Bombay HC

In a major ruling, the Bombay High Court has held that a spouse threatening or attempting suicide amounts to cruelty and is a valid ground for divorce under the Hindu Marriage Act. The Aurangabad bench of the High Court, led by Justice R M Joshi, upheld a family court’s decree dissolving a couple’s marriage on these grounds.

The ruling came in response to a petition filed by a woman challenging the family court’s decision to grant divorce to her husband. The man had alleged that his wife repeatedly threatened to end her life and falsely implicate him and his family in criminal cases. He argued that this behavior constituted mental cruelty, justifying divorce under the law.

Court Recognizes Suicide Threat as Cruelty

Justice Joshi, in the judgment, stated that the husband had provided sufficient evidence before the family court, proving his allegations of cruelty. The court noted that the woman had not only threatened suicide but had also attempted to take her own life, which caused severe mental distress to her spouse.

“Such an act on the part of the spouse would amount to such cruelty that it becomes a ground for decree of divorce,” the High Court ruled, refusing to interfere with the family court’s order.

Marriage and Legal Battle

The couple had tied the knot in April 2009 and has a daughter. According to the husband’s claims, his in-laws frequently interfered in their marital life. In 2010, his wife left the matrimonial home and refused to return. He further alleged that she threatened to commit suicide and file false cases against him and his family.

The wife, on the other hand, denied the allegations and claimed that she had suffered abuse at the hands of her husband and his father, which forced her to leave the house. She contended that she had not caused any cruelty to her husband.

After reviewing the evidence, the High Court ruled that the husband had successfully proven cruelty, making him eligible for divorce under the Hindu Marriage Act. The bench concluded that the family court’s decision had no legal flaws and refused to overturn it.

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