The Madhya Pradesh High Court recently said that a mother tutoring a child against her own father is a serious matter and amounts to cruelty to the man.
The Court made the observation while granting divorce to a man whose wife had filed multiple criminals cases against him and his family members and also prevented him from meeting their minor daughter.
A division bench of Justice Sheel Nagu and Justice Vinay Saraf made the observation while granting divorce to a man whose wife had filed multiple criminals cases against him and his family members and also prevented him from meeting their minor daughter.
Though it refrained from commenting on the wife’s criminal complaints due to pendency of those cases, the bench said that the “wife crossed all barriers in levelling allegations against husband and his family members”.
The Court found that when a girl was born to the couple in 2014, the husband was not allowed to meet her and he had to file a civil suit for the custody of the minor child.
Despite the Family Court directing the wife to allow her husband to meet the child, she refused to comply, the Court noted.
In this backdrop, the Court relied on the recent observations made by the Delhi High Court and Kerala High Court about parental alienation and how attempts to manipulate a child against the parent amounts to mental cruelty.
“In view of above, pronouncement of Delhi and Kerala High Courts and in the facts and circumstances of the present case, it can be safely observed that in present case also wife has tried to keep away husband from minor daughter and tutored her to speak against her own father. This is serious matter and definitely caused mental cruelty to husband,” the bench said.
In the present case, the husband filed a custody petition in the family court at Jabalpur seeking custody of his minor child after the wife allegedly obstructed his access to their daughter. On May 18, 2017, the court granted his petition.
Additionally, in the divorce proceedings, the court repeatedly ordered the wife to produce their daughter so the father could meet her. In 2020, the family court noted the wife’s reluctance to facilitate meetings between the daughter and her father.
Initially, the appellant-husband filed a divorce petition for mental cruelty and desertion in district court. Subsequently, the Supreme Court transferred the case to the court of the Principal Judge, Family Court, Jabalpur. The petition was dismissed on October 13, 2020.
This led to the present appeal before the High Court.
The High Court noted that the wife by her conduct had caused mental cruelty to her husband.
She had left matrimonial home a few months after the marriage.
The husband and his family members expected that she will return but she never returned and since then there was no cohabitation, observed the Court.
It added that all the possibilities of mediation among them failed and there were multiples cases filed by them against each other.
“…marriage has irretrievably broken down due to multiple FIRs and complaints lodged by wife. Dissolution of marriage will relieve both sides of pain and anguish…Even if this court refuses decree of divorce to appellant husband, there are hardly any chances of respondent wife leading a happy life with appellant husband because a lot of bitterness created by conduct of respondent wife, which amounts to cruelty,” it said.
In view of the same, it allowed the appeal and granted divorce to the husband.
“So far as lodging of FIRs and filing of various criminal cases are concerned, all cases are still pending and any comment on merits of pending cases may prejudice interest of parties and create obstacle in just disposal of cases by competent courts, therefore this court refrains from giving any finding touching the merits of pending criminal cases,” it observed.
