Bombay High Court Rules Repeated Suicide Threats Constitute Marital Cruelty, Grants Divorce

The Bombay High Court has ruled that persistent suicide threats from a spouse constitute cruelty, consequently granting divorce to a husband in a recent case.

A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad delivered this judgment last week, with the official order being made available on Wednesday.

The court was addressing an appeal filed by the husband challenging a 2019 family court decision that had previously denied his divorce application.

According to case records, the couple married in 2006 but have been living separately since 2012 due to ongoing marital discord.

The husband sought divorce under the Hindu Marriage Act, citing desertion, suspicion, and repeated suicide threats and attempts by his wife as grounds for dissolution of marriage.

In its judgment, the bench emphasized that the couple had been living apart for more than a decade, making both amicable settlement and reconciliation virtually impossible.

The High Court pointed out that the family court had failed to properly consider multiple instances of cruelty presented by the husband.

Citing a Supreme Court precedent, the bench confirmed that suicide threats by a spouse constitute cruelty within the legal framework.

"When such behavior is repeated, whether expressed through words, signs, or gestures, it creates an environment where peaceful cohabitation becomes impossible for the other spouse," the High Court stated.

The court further noted that allegations of suspicion and suicide attempts clearly demonstrated the wife's conduct toward her husband.

The bench concluded that continuing the marriage would only perpetuate mutual cruelty between the parties, making cohabitation no longer feasible.

While granting divorce to the husband, the High Court directed him to pay Rs 25 lakh and transfer ownership of two properties to his wife as final settlement.