In the landmark judgment Basant Kumar Jha v/s Mithlesh Jha the question put forward beofre the Hon'ble Rajasthan High Court was that:
Whether where wife had been responsible for her atrocious allegations, actions and behaviour, same amounted to cruelty to husband? and the Hon'ble court held Yes.
The parties were married on 2.12.1988 at Ajmer and one daughter and one son were born out of their wedlock and at the time of filing the petition in the year 2001 they were of 11 and 7 years old respectively. After her marriage the wife joined as Senior Teacher (Government Service) and the relation between the parties became strained and ultimately the wife left the house of the husband on 9th May 2001 and thereafter Husband sent a Notice to his wife Through his lawyer asking her to return and restore matrimonial ties and the same was admittedly replied by the wife wherein she refused to return back and made allegations against the husband for demand of dowry, assaulting her and indulging in gambling.
The wife also alleged that her father in law indulged in selling liquor meant for armed personnel on higher rates in the open market.
This fact was admitted by the wife and she tried to explain that these facts were made part of the reply by his Advocate without her notice while she still wanted to live with the husband.
This version of the wife was far from credence in view of the fact that she was party to the application in the Family Court for dissolution of marriage on the basis of mutual consent during the pendency of the present petition which was later on got dismissed by her.
In respect of the aforesaid undisputed fact situation, the allegation of atrocious and insulting behaviour of the wife with the husband and his mother has been the cause of strained relations.
Thishas been further substantiated from the fact that wife had herself made allegation that in sequence of the continuing atrocities to her, she was beaten and dragged out of the house by the husband on the day she left the house of the husband on 9th May 2001. She deliberately chose not to reveal the actual reason behind this incident and meant to say that this happened inconsequential pretext.
This showed that the wife had been responsible for her atrocious allegations, actions and behaviour amounting to cruelty to the husband.
End-Notes:
Basant Kumar Jha v/s Mithlesh Jha - D.B. Civil Misc. Appeal No. 790 of 2005, Citation : I (2008) DMC 113 (DB)
