Husband's Excessive Drinking Deemed Mental Cruelty To Wife And Family, Rules Chhattisgarh High Court
In a significant legal development, the Chhattisgarh High Court has granted a divorce to Payal Sharma, wife of Umesh Sharma, on the grounds of mental cruelty. The judgment comes in response to an appeal filed by Payal Sharma against the dismissal of her divorce application by Family Court, Raigarh District [Payal Sharma v Umesh Sharma].
Payal Sharma had filed a divorce petition on grounds of mental cruelty by her husband. After considering the facts, including excessive drinking, abusive behaviour, and neglect by the husband towards the wife and children. The court has granted divorce and ordered the husband to pay monthly maintenance. The court observed that the cruelty and neglect by the husband have resulted in severe mental anguish and deterioration of the family”s well-being.
The marriage between Payal Sharma and Umesh Sharma took place on February 2, 2006, and they have two children from the marriage, aged 10 and 13 at the time of filing the petition.
Payal Sharma had earlier filed a divorce petition before the Family Court, and the petition was withdrawn on condition that the husband will rectify his behaviour. Husband’s failure to support the family and his abusive behaviour, the wife has filed a second petition before the learned Family Court. The Family Court dismissed the petition, therefore this appeal was filed before the High Court.
The High Court considered the principles established by the Supreme Court in Samar Ghosh v Jaya Ghosh to determine the extent of mental cruelty suffered by Payal Sharma. The Court”s analysis revealed that the husband”s consistent abusive behavior, neglect of familial responsibilities, and alcohol-induced violence had a detrimental impact on the wife and the family as a whole.
Although the respondent, Umesh Sharma, denied the allegations of cruelty in his written submission, he failed to appear in court to present his side of the case. As a result, the Court largely relied on Payal Sharma”s testimony and the evidence presented by her. The absence of submissions by Umesh Sharma and cross-examination has favoured the submission of Payal Sharma.
The Court concluded that the husband”s behaviour amounted to mental cruelty as defined by the Supreme Court, and therefore, Payal Sharma was entitled to divorce. Considering the fact that the Payal Sharma is not employed and does not have any source of income to support herself and the children, the Court has ordered the maintenance of Rs15,000/- per month to be paid by the husband.
