The Bombay High Court granted divorce, terming repeated threats of suicide by the husband and wife as cruelty under the Hindu Marriage Act.

The Bombay High Court, while granting divorce to a man, has said that repeated threats of suicide by a spouse amounts to cruelty.

A bench of Chief Justice Shri Chandrashekhar and Justice Gautam Ankhad, in its order passed last week, a copy of which was made available on Wednesday, November 19, said that when such conduct is repeated, it becomes impossible for the other spouse to continue the marital relationship.

The order was passed on a petition filed by the man challenging the family court’s 2019 order rejecting his application for divorce.

According to the petition, the man was married in 2006, but he and his wife have been living separately since 2012 due to marital discord.

Also read: CM Himanta Biswa Sarma says Assam is planning 7 years jail for polygamy in new bill

The man claimed that abandonment and suspicion as well as threats and suicide attempts were grounds to divorce her under the Hindu Marriage Act.

The bench, in its order, said that the couple has been living separately for more than a decade and neither an amicable settlement nor reconciliation has been possible between them.

The court said that the man had mentioned several instances of cruelty, but the family court did not consider them.

The bench cited a Supreme Court judgment which had said that threat of suicide by a spouse amounts to cruelty.

“When such conduct is repeated, whether through words, signs or gestures, it becomes impossible for the other spouse to continue the marital relationship in a peaceful atmosphere,” the HC said.

Also read: Survey shows that on average, alimony eats up 38% of men’s annual income: How to budget through divorce

The court said, the allegations of suspicion and attempted suicide reflect the conduct of the wife towards the husband.

The High Court said that it was no longer possible for the couple to live together and hence a divorce decree should be granted.

“Continuation of such a marriage will only increase the cruelty that the parties are inflicting on each other,” the HC said.

While granting divorce to the man, the bench directed him to pay ₹25 lakh and transfer the ownership of the two flats to the woman as final settlement.