Suicide threat mental torture, cause justified enough for divorce: Bombay High Court

Where the husband or wife threatens to commit or attempts suicide, it causes maximum mental stress in the marriage life and amounts to mental torture (cruelty). Recently, the Bombay High Court ruled that such acts of suicide threat or attempt would be treated as grounds justified enough for divorce.

The Aurangabad bench headed by Justice R. M. Joshi gave this ruling and confirmed the order of divorce given by the family court. The wife filed an appeal before the High Court against the order, but her appeal was turned down.

What was the major charge in the case?

They are married from the year 2009 and even have a girl child. It was complained that the husband had said that his wife had been threatening him regularly on lines that she will commit suicide, as she was fanatically obsessed with suicide as well. Apart from all of these, repeatedly the wife had talked about framing the husband and his family members in a false case and keeping them in jail.

The husband also complained that his in-laws were too much involved in their personal lives. Due to this, his wife left the house in 2010 and never returned. He was unable to bear this mental stress and torture and thus approached the family court with a case for divorce.

Court's observations

The High Court, looking at the evidence presented by the husband and other witnesses, said that it was clear from the behavior of the wife that she had been mentally harassing her husband on a regular basis. Such cases as suicide threats or attempts not only disrupt the marital relationship but also disrupt the peace of the family. The court held that such a deed was immensely harmful to the continuation of the marital relationship and fell within the definition of "cruelty" or mental torture.

The court also noted that threat of suicide has a profound impact on one's mental state of mind. The husband's complaint was not limited to the act of threat, but even his wife had tried to commit suicide once, which was regarded as firm evidence by the court. 

Wife's counter-claim

But the wife claimed in the court that her husband and his relatives are mentally harassing her. Due to this, she was forced to quit her husband's house.

He denied completely the allegations of attempt or threat to commit suicide and claimed that all allegations brought against him in the court are false.

High Court Verdict

After reading the oral depositions of both sides, as well as the evidence produced by both, the High Court indicated that there is no possibility of reconciliation between this wife-husband pair. The court declared that it is not humanly possible to continue the married life of the husband normally under the conditions of this type of mental torture. There are no reasons to overturn the divorce order passed by the family court on these facts.

This High Court ruling clearly indicates that suicide threat or attempt is mental torture and good cause for divorce under the Hindu Marriage Act.

This court ruling has also delivered an important message - if either of the spouse causes mental torture or extreme mental pressure in the marriage, then it can prove to be a good ground for divorce.