Bombay HC Rules: Spousal Threats of Suicide Can Be Grounds for Divorce

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In a landmark decision, the Bombay High Court has ruled that repeated threats of suicide by a spouse can be considered a form of cruelty, leading to divorce. The court granted a decree of divorce to a man who had been living separately from his wife for over a decade due to marital discord. The man had filed a petition challenging a 2019 order of the family court that rejected his application for divorce. He claimed that his wife's behavior, including desertion, suspicion, and threatening and attempting to commit suicide, made it impossible for them to continue their marriage. The high court bench, led by Chief Justice Shree Chandrashekhar, referred to a Supreme Court judgment that established threats of suicide by a spouse as a form of cruelty. They stated that repeated conduct, whether through words, signs, or gestures, can make it impossible for the other spouse to continue in the matrimonial relationship in a peaceful environment. The court found that the wife's conduct, including her allegations of suspicion and attempt to commit suicide, indicated a pattern of behavior that made it impossible for the couple to live together. Therefore, the court granted the man a divorce, directing him to pay ₹25 lakh and transfer the ownership of two flats to his wife as a final settlement. The decision highlights the court's recognition of the impact of spousal threats on the mental well-being of the other spouse and the possibility of perpetuating cruelty in a continued marriage.