Cruelty : Repeated threats to commit suicide and mental pressure created by a spouse amount to cruelty

Court Orders Rs. 10 Lakhs as Permanent Alimony, Concludes Marriage Dissolution Case

In a significant ruling, the Chhattisgarh High Court has upheld a family court's decision to dissolve the marriage between Smt Umeshwari Sahu and Homendra Kumar Sahu, citing cruelty and desertion by the wife as the primary reasons. The court, comprising Justices Smt. Rajani Dubey and Amitendra Kishore Prasad, delivered the judgment on December 4, 2025, following an appeal by Smt Umeshwari Sahu against the family court's decree.

The original petition was filed by the husband, Homendra Kumar Sahu, under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, claiming that his wife had subjected him to mental cruelty and had deserted him since 2020. The court found that the wife's repeated threats of suicide and her conduct created immense mental pressure on the husband, fulfilling the criteria for cruelty as defined under the Act.

The judgment details several incidents of alleged cruelty, including the wife's attempt to self-immolate and her insistence on the husband converting to another religion. The court noted that these actions created a reasonable apprehension in the husband that it was unsafe for him to continue the marital relationship, thereby constituting mental cruelty.

Additionally, the court recognized the wife's separation from the husband since 2020 as desertion, thus justifying the dissolution of the marriage on both grounds of cruelty and desertion.

In addressing the issue of alimony, the court awarded a one-time settlement of Rs. 10,00,000 to the appellant, considering the socio-economic status of both parties. The husband is directed to pay this amount within four months, which will cover all pending and future claims from the wife.

The court's decision aligns with precedents set by the Supreme Court of India, emphasizing that repeated threats to commit suicide can amount to cruelty. This judgment not only dissolves the marriage but also aims to ensure fair settlement for the appellant, balancing the interests of both parties involved.

Bottom Line:

Divorce on the grounds of cruelty and desertion - Repeated threats to commit suicide and mental pressure created by a spouse amount to cruelty - Permanent alimony determined considering socio-economic status of parties.

Statutory provisions: Hindu Marriage Act, 1955 Section 13(1)(ia) and (ib), Code of Criminal Procedure Section 125, Protection of Women From Domestic Violence Act, 2005.

Smt Umeshwari Sahu v. Homendra Kumar Sahu, (Chhattisgarh)(DB) : Law Finder Doc Id # 2817805