December 19, 2012

Ground for Divorce? Wife giving repeated threats of suicide amounts to cruelty to Husband

Wife suffered from mental illness and was giving repeated threats to husband to commit suicide. This amounts to cruelty. Supreme Court granted divorce to husband.

(Case reference : 2011(11)Scale page 278 SC order date 30-9-2011)

The more important question is how can husband prove that wife was giving repeated threat to commit suicide?

One or two certificate from a psychiatrist will not inspire confidence of Court. There must be evidence of prolonged treatment of wife which was going on since years for mental illness.

Each criminal case is decided by its own case. The judge has to feel satisfied about quality of evidence produced by husband.


Haresh Raichura
19/12/12