Case Title: Payal Sharma vs Umesh Sharma

A division bench of Justice Goutam Bhaduri and Justice Sanjay Agrawal of Chhattisgarh High Court while allowing a wife’s plea for dissolving a marriage made an observation that if a husband indulges in excessive drinking instead of discharging his duties, then it is a mental cruelty to wife and family.

“It is very natural that the wife would depend upon the husband for her household need and to upbring her children to give a good education and life. If the husband instead of discharging of his obligation indulges himself in excessive drinking habit, which deteriorates the family condition, it would naturally lead to a mental cruelty to the wife and the entire family including children”.

It is noted that the husband did not even pay the school fees of his two children, even though his wife was not employed.

It is submitted that that the husband after consuming alcohol used to assault his wife. Furthermore,  he even sold household goods to buy alcohol.

It is further submitted that when the wife asked for money to pay the school fees of her two children, he abused and assaulted her.

While remarking that the husband was mentally cruel to his wife, bench opined that ”The conduct of the wife would show that she tried to save the marriage as otherwise in the earlier occasion the application seeking divorce on the similar ground of excessive drinking would not have been withdrawn on the promise of the husband that he would mend his behaviour”.

None represented husband.

Considering the facts of the case, justice allowed wife’s petition and granted divorce to the couple on the grounds of cruelty.

The bench also ordered the husband to pay Rs. 15,000 per month as maintenance to the wife.