Indore, March 5, 2025 – In a significant ruling, the Madhya Pradesh High Court dismissed an appeal filed by a wife challenging the dissolution of her marriage, affirming that inappropriate conversations with male friends could amount to mental cruelty towards the husband. The division bench, comprising Justice Vivek Rusia and Justice Gajendra Singh, upheld the Family Court’s decision to grant a divorce to the husband, citing instances of vulgar chats and disrespectful behavior as grounds for mental cruelty.
Background of the Case
The case, First Appeal No. 1605 of 2023, arose from a matrimonial dispute between the appellant-wife and respondent-husband. The couple was married on December 15, 2018, as per Hindu customs in Chhatarpur, Madhya Pradesh. The husband, who works as a Manager in a Nationalized Bank, alleged that the wife started behaving cruelly toward his family soon after the marriage. He specifically pointed out that she verbally abused his mother, addressed her in a derogatory manner, and refused to take care of her when she suffered a fracture.
Additionally, the husband accused his wife of maintaining inappropriate relationships with two of her former male friends, engaging in vulgar chats over WhatsApp. He discovered these conversations and later retrieved them as evidence. According to him, the wife also threatened to falsely implicate him in legal cases.
Following a period of discord, the wife moved to her parental home on April 5, 2019, and refused to return. After several failed reconciliation attempts, the husband approached the Family Court, Ujjain, under Section 13 of the Hindu Marriage Act, seeking a divorce on the grounds of mental cruelty.
Legal Issues Involved
The case primarily revolved around the following legal questions:
- Does maintaining vulgar conversations with male friends post-marriage amount to mental cruelty?
- Can a spouse’s consistent abusive behavior toward in-laws be considered a ground for divorce?
- Is retrieving private messages from a spouse’s phone a violation of privacy?
- Does a lack of counter-allegations from the accused spouse strengthen the divorce claim?
Court’s Observations and Verdict
The Additional Principal Judge, Family Court, Ujjain, had earlier ruled in favor of the husband on June 24, 2023, granting the divorce on the grounds of mental cruelty. Dissatisfied with the verdict, the wife approached the Madhya Pradesh High Court.
During the hearing, the appellant-wife denied the allegations, claiming that her phone was hacked and the messages were fabricated. She also accused the husband of domestic violence and dowry demands. However, the High Court found her explanations unconvincing.
In its ruling, the High Court noted that:
- The wife’s own father, a senior advocate, had admitted before the police that his daughter was indulging in chats with male friends, which brought shame to the family.
- The WhatsApp chats presented as evidence were undeniably vulgar and indecent.
- There was no counterblast from the wife, such as a police complaint for domestic violence or a false case filed against the husband, strengthening the latter’s claims.
- The appellant had submitted an apology letter at a police station, indicating an admission of guilt.
The court made a strong observation, stating:
“No husband would tolerate that his wife is in conversation through mobile by way of these type [of] vulgar chatting.”
The bench emphasized that while a spouse has the freedom to communicate with friends, the level of conversation must remain decent and dignified, especially when it involves a person of the opposite gender. If a husband or wife continues such activities despite objections, it amounts to mental cruelty.
Final Decision
After evaluating the arguments, the Madhya Pradesh High Court dismissed the wife’s appeal, affirming the Family Court’s judgment. The marriage was legally dissolved, and the court upheld that the husband’s evidence was sufficient to prove mental cruelty.
Lawyers Representing the Parties
- For the Appellant (Wife): Advocate Yash Pal Rathore
- For the Respondent (Husband): Senior Advocate Virendra Sharma with Advocate Satish Yadav
