Not cruel if wife doesn’t open door for husband: Bombay High Court

A woman not opening the house door for her husband on his return from work or not cooking for him do not amount to cruelty, held the Bombay High Court turning down a divorce petition by a man.

A division bench of Justice S S Shinde and Justice S M Gavane, while rejecting the grounds for cruelty raised by the petitioner, said, “From the perusal of entire evidence placed on record, we are of the considered view that allegations made, are too vague and general. A decree of divorce on the ground of cruelty cannot be granted on the basis of general allegations, without mentioning the manner in which the wife has ill-treated.”

The couple who married in 2000 has been living separately since 2009. Earlier too, the husband had moved the petition seeking a divorce, but withdrew it later after a settlement was reached between them.

The man claimed that his wife is the only daughter in her family, and so her behaviour is “egoistic”. She never shared her salary with him and would regularly, quarrel and abuse him, he alleged. She also was in the habit of writing suicide notes. Whenever the husband returned from work, she would not open the door or lock herself in the bedroom. Due to her behaviour the husband would have to starve on many occasions and even sleep outside the house.

It was also alleged that wife had left him because he objected to them having a test tube baby.

The woman denied all the allegations and countered the petition by saying that it was the husband who was ill-treating her and even had a child from an illicit relationship. The woman brought on record government records, to prove her claim.

The court after, going through the entire records and testimony of the witnesses examined by both side, held that the family court had rightly concluded that the conduct of the wife was not such that she had shown total disregard for the husband. Accordingly, the petition challenging the family court order was rejected.