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Bombay High Court Expands Cruelty Definition, Upholds Divorce Decree

The ruling broadens Section 498A to include non-physical harms that cause mental agony as grounds for divorce.

Mumbai, India - September 03, 2021: Bombay High Court at Fort, in Mumbai, India, on Friday, September 03, 2021. (Photo by Anshuman Poyrekar/Hindustan Times) (Anshuman Poyrekar/HT PHOTO)
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Overview

  • A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale on July 18 dismissed the wife’s appeal and reaffirmed a 2015 Pune Family Court divorce order.
  • The court held that a wife’s refusal of physical intimacy, unfounded infidelity allegations and public humiliation each amount to cruelty under marriage law.
  • Judges found that apathetic behaviour toward the husband’s specially-abled sister inflicted additional mental agony and satisfied cruelty criteria.
  • Unrebutted evidence showed the husband moved to a rented flat and offered the key to his wife in a last reconciliation effort, which she did not accept.
  • Legal analysts say the decision reinforces evolving standards in Indian divorce jurisprudence by recognising mental and emotional harms alongside physical abuse.