The Chhattisgarh High Court has recently observed that excessive alcohol consumption by a husband, neglecting his duties, constitutes mental cruelty towards his wife and family, and children.
Justices Goutam Bhaduri and Sanjay Agrawal observed while allowing the wife’s plea for the dissolution of her marriage on grounds of cruelty.
The bench emphasized that the husband’s neglect, exemplified by not paying school fees for their children and engaging in excessive drinking, resulted in a deteriorated family environment.
The bench held, “It is very natural that the wife would depend upon the husband for her household need and to upbring her children to give a good education and life. If the husband instead of discharging of his obligation indulges himself in excessive drinking habit, which deteriorates the family condition, it would naturally lead to mental cruelty to the wife and the entire family including children.”
Many cruelty allegations stemmed from the husband’s alcohol consumption, leading to abusive behavior while intoxicated.
Furthermore, the Court was told that after consuming liquor and while in an intoxicated state, the husband used to abuse and assault his wife. It was submitted that the condition got aggravated to the point where he even sold household goods to buy alcohol.
Further, the bench noted that while the couple had 2 children, the husband never paid their school fees. When the wife asked for money to pay these fees or for other household goods, he is alleged to have abused and assaulted her.
As the husband failed to cross-examine the wife during family court proceedings, her allegations were considered accepted. The High Court concluded that the husband’s actions were mentally cruel to his wife.
Therefore, the Court remarked that it could be stated that the husband was mentally cruel to his wife.
The bench further opined, “The conduct of the wife would show that she tried to save the marriage as otherwise in the earlier occasion the application seeking divorce on the similar ground of excessive drinking would not have been withdrawn on the promise of the husband that he would mend his behaviour.”
Consequently, the bench dissolved the February 2, 2006 marriage and ordered the husband to pay ₹15,000 monthly maintenance to the wife.
