Wife suspecting that husband is having an extramarital affair whether amounts to cruelty?

The Bombay High Court has ruled that regularly coming home late without informing the wife amounts to cruelty.

“Such type of conduct on the part of the husband… amounts to cruelty to the wife,” observed a division Bench comprising Justice P.B. Majmudar and Justice R.V. More.

It is expected that the husband “at least inform the wife on telephone” so that she won’t wait for him, the high court added while delivering the judgment on Thursday.

Pune-based Deeplakshmi had filed a petition challenging the Pune family court’s May 29 order, which had dissolved her marriage acting on her husband Sachin Zingade’s petition. 

Zingade had accused his wife of picking up quarrels with him, suspecting him of having an extramarital affair and insulting his parents and friends whenever they visited his home.

The family court had accepted his contention on the point of suspicion and termed it as cruelty.

The high court, however, clarified that the spouses are entitled to point out their legitimate grievances against each
other.

“If the circumstances so warrant, the wife may have some suspicion about the act and behaviour of her husband,” observed the high court.

The family court has also treated Deeplakshmi’s complaint under the Domestic Violence Act against her husband and in-laws as an act of cruelty.

It had concluded that it was a false case as there was no independent evidence or police complaint.

The high court, again, reversed this and said: “Filing of the complaint itself can never be considered as an act of cruelty, unless it is found by positive evidence that it was a false complaint.”

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