The Chhattisgarh High Court recently held that excessive alcohol intake by a man amounts to subjecting his wife to mental cruelty. The division bench, comprising Justices Goutam Bhaduri and Sanjay S Agrawal, said if such a man, instead of fulfilling his duties, has a drinking problem, it worsens the “family condition and leads to mental cruelty to the wife and entire family including children”.
The court was hearing an appeal filed by a woman against a 2021 order passed by a family court in Raigarh, in which her divorce application on grounds of mental cruelty was dismissed. According to the woman, her husband was not earning a livelihood and, due to his drinking habit, the condition of the family was worsening. He refused to pay the school fee for the children and threatened her when she told him to pay up, the appellant said.
The plea stated that the two got married on February 2, 2006. A dispute arose when the husband started attacking the woman after excessive alcohol intake and even put household items at stake to finance his drinking habit, the plea said.
The plea further stated that on May 26, 2016, when the woman was physically abused by her husband, who was inebriated, she moved to her parents’ home with the two children.
Dissolving the marriage and granting divorce in favour of the woman, the court observed, “It is very natural that the wife would depend upon the husband for her household needs and to upbring (raise) her children to give a good education and life. If the husband instead of discharging his obligation indulges (himself) in excessive drinking habits, which deteriorates the family condition, it would naturally lead to (a) mental cruelty to the wife and the entire family including children.”
The man did not appear before the family court or the high court; however, a written submission of counter allegations of mental cruelty against the wife was placed on record.
“The conduct of the wife would show that she tried to save the marriage as, otherwise in the earlier occasion, the application seeking divorce on (the) similar ground of excessive drinking would not have been withdrawn on the promise of the husband that he would mend his behaviour,” the court added.
Further, the court fixed Rs 15,000 per month as maintenance for the minor children and woman.
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