`Failure to cook or assist mother-in-law not cruelty': Telangana HC dismisses man’s appeal, refuses to grant divorce
The husband alleged that he was subjected to mental harassment as his wife did not cook regularly, failed to support his mother, frequently visited her parental home, and sought to live separately
By - Newsmeter Network
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Hyderabad: Telangana High Court has ruled that a wife’s failure to cook or assist her mother-in-law cannot be treated as cruelty when both spouses are employed, and such grounds alone cannot justify granting divorce.
Case background
The ruling came on an appeal filed by a man from LB Nagar, Hyderabad, after a family court dismissed his petition seeking dissolution of marriage on the grounds of cruelty.
The husband alleged that he was subjected to mental harassment as his wife did not cook regularly, failed to support his mother, frequently visited her parental home, and sought to live separately.
Challenging the family court’s order, the husband approached the Telangana High Court.
Court’s observations
A division bench of Justice Moushumi Bhattacharya and Justice Nagesh Bheemapaka examined the facts and dismissed the appeal.
The Bench noted that the husband works from 1 pm to 10 pm, while the wife works from 9 am to 6 pm. In such circumstances, the court held that the wife’s inability to cook in the mornings cannot be construed as cruelty.
Contradictions in husband’s testimony
The court pointed out inconsistencies in the husband’s statements. While he claimed the wife stayed with him for only five months after marriage, he later stated that they lived together for three months. These contradictions weakened his allegations, the Bench observed.
Staying with parents not cruelty
The judges further held that the wife staying at her parental home after suffering a miscarriage cannot be treated as cruelty. Emotional and physical recovery following such an incident is natural, the court said.
Separate residence demand
While the Supreme Court has, in certain cases, held that insisting on a separate residence could amount to cruelty, the High Court clarified that such a principle depends entirely on the facts of each case.
In the present matter, the court found that the wife herself did not demand a separate household; instead, it was argued by her counsel during proceedings. Hence, it could not be treated as cruelty.
Final verdict
Concluding that the allegations made by the husband did not constitute cruelty under the law, the High Court dismissed the appeal and upheld the family court’s refusal to grant a divorce.
