Statements which are defamatory in nature, made by spouse against the other spouse can amount to mental cruelty

The Hon’ble Supreme Court set aside the impugned of the High Court wherein the High Court had set aside the decree for dissolution of marriage passed by the Family Court.

In Joydeep Majumdar vs. Bharti Jaiswal Majumdar, the Wife had filed a series of complaints against the Husband before the superior officers in the Army to the level of the Chief of Army Staff and to other authorities and these complaints had irreparably damaged the reputation and mental peace of the husband. The wronged party cannot be expected to condone such conduct and continue to live with his/her spouse. The degree of tolerance will vary from one couple to another and the Court will have to bear in mind the background, the level of education and also the status of the parties, in order to determine whether the cruelty alleged is sufficient to justify dissolution of marriage, at the instance of the wronged party. The husband’s career progress got affected as the wife was also making complaints to other authorities and posted defamatory materials on other platforms.

The allegations were levelled by a highly educated spouse and they did have the propensity to irreparably damage the character and reputation of the other spouse. When the reputation of the spouse is sullied amongst his colleagues, his superiors and the society at large, it would be difficult to expect condonation of such conduct by the affected party. In circumstances like this, the wronged party cannot be expected to continue with the matrimonial relationship and there is enough justification for him to seek separation.

Therefore, the High Court was in error in describing the broken relationship as normal wear and tear of middle class married life. It was held to be a definite case of cruelty inflicted by the wife against the husband.