Patna High Court delivered this judgment based on the mental cruelty the Knife levelled on the husband.
A variety of instances to establish mental cruelty by Knife were vividly brought out in this case.
- Frivolous Allegation on Mother in Law of having illicit relations
- Trying to separate Son from his family
- Threatening to commit suicide, if demands are not met
In Para 6,
Appellant/wife levelled frivolous and bald allegation against his mother of having illicit relation with his Uncle. Mother of Respondent/husband felt very embarrassed, insulted and pained by such false and reckless allegation.
In Para 7,
On 16.06.1996 Respondent/husband and his mother went to the house of his in-laws where the mother of the husband tried to make her understand not to leave matrimonial home and if there is any problem she must tell family members and hearing this the Appellant/wife became so much furious that she pushed her Mother-in-Law and she fell down causing head injury. On this ungraceful act people surrounded there and asked Appellant/wife about such irratic behaviour and she told that unless and untill Respondent/husband separates him from his family, she won’t enter her matrimonial home otherwise she will set her ablaze.
In Para 8,
Respondent/husband’s family was so much pressurized by the Appellant/wife that there was disruption in the joint family of Respondent/husband and he was allotted a separate share in the joint family property and Respondent/husband had to reside in a single room away from his joint family. A happy joint family was ruined and separated by cruel conduct of Appellant/wife.
In Para 9,
Since the Appellant/wife is daughter of policeman she is a spoiled child, idiot and obstinate and respondent/husband found him self helpless in house of his inlaws and had to tolerate all sorts of insult and humiliation.
Paras 10, 11, 12, 13, 14, 15, 16, 17 and 18 clearly explain the cruel behavior of the Knife.
In Para 15,
After sometime Defendant/wife refused to cohabit with plaintiff and never permitted physical relation with her and failed to perform her marital obligation as wife and has withdrawn from society of her husband.
Rekha Kumari @ Rekha Devi vs Mahesh Kumar on 16 January, 2018
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