SC - HARM TO HUSBAND’S REPUTATION AND CAREER DUE TO MALICIOUS COMPLAINTS BY WIFE AMOUNTS TO MENTAL CRUELTY

28th Feb 2021

The Supreme Court set aside the impugned  High Court’s judgment and restored the order by the Family Court. In this instant case, the husband's career was affected due to the wife's malicious complaints. He was an Army Officer, and such complaints harmed his reputation and caused mental trauma. The army also contended that the wife made various complaints before the superior officers in the Army to hold an inquiry against him, which has caused irreparable damage to his reputation.

After hearing arguments from both the parties, the family court granted the divorce, but the High court reversed the same and ordered restitution of conjugal rights. Aggrieved by order of the Uttarakhand High Court husband appealed in the Supreme Court.

The Supreme Court held, “It is a definite case of mental cruelty inflicted by the respondent against the appellant, and the appellant is accordingly held entitled to dissolution of his marriage. Consequently, the respondent’s application restitution of conjugal rights stands dismissed.

Author - Papiha Ghoshal