The Court after hearing the rival contentions noted hat the children had supported the father’s claims against the mother.
“The conduct of the wife which has been projected and incidentally the children, who have supported such fact against the mother that she without the knowledge of her husband has done away with the security of the marriage of the daughter and has obtained amount from the creditor by pledging the ornaments meant for the marriage of the daughter would certainly cause apprehension & fear and create financial pressure on the mind of the father as we cannot also forget the hard reality which exists in the society to present a girl during the marriage with ornaments,” the Court observed.
Hence, if a spouse pledges such ornaments to avail loans without informing the husband, the same would fall within the ambit of mental cruelty, the Court stated.
“Consequently, if a spouse by her own conduct, in such a way without caring about the future of the daughter, parts with the ornaments which were meant for the marriage, it will be within the ambit of mental cruelty done by the wife,” the Court ruled.
The Court, therefore, allowed the plea and granted on the ground of cruelty stated in Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
Advocate Shailendra Bajpai appeared for the husband while the wife was represented by advocate Palash Rajani.
Source: Barandbench
