The Additional Principal Family Court Shimla (Theog Camp) has observed that repeatedly filing criminal cases against a spouse in matrimonial disputes may amount to mental cruelty. The court made this remark while hearing a divorce petition and granted divorce to the husband after concluding that mental cruelty by the wife had been established.
The petition was filed by a resident of Kotkhai subdivision. According to the plea, the couple lived together in the village for about four months after marriage, following which the wife left her matrimonial home. She later agreed to return on the condition that she would live separately with her husband. The husband arranged separate accommodation, and the couple stayed together for nearly three months before she left again. Despite family efforts, she returned for about a month but eventually left permanently.
During this period, the husband reportedly suffered significant business losses. The family also faced personal events, including the death of his grandmother and his brother’s wedding. It was alleged that instead of supporting the family during these times, the wife created further disputes.
According to the husband’s side, after they filed a police complaint over her alleged misconduct, the wife lodged cases of dowry harassment and domestic violence, along with other complaints. The court noted that while the wife accused the husband and his family of ill-treatment, she simultaneously expressed willingness to live with him, which appeared contradictory.
The court held that the husband had presented substantial evidence to prove mental cruelty. It also noted that he had made arrangements for separate residence after marriage. Based on these findings, the court granted the decree of divorce in favor of the husband.
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