Calling Husband ‘Kempa, Nikhatu’ Constitutes Mental Cruelty: Orissa HC Upholds Divorce Decree [Read Judgment]

Orissa: The Orissa High Court has upheld a divorce decree granted by the Family Court, ruling that a wife ridiculing her husband’s physical disability and using derogatory terms constitutes mental cruelty sufficient to dissolve the marriage.

A bench of Justice B.P. Routray and Justice Chittaranjan Dash delivered the judgment in a matrimonial appeal filed by the wife challenging the divorce decree.

The court was hearing the appeal against the Family Court’s judgment dated July 10, 2023, which granted divorce to the husband. The court noted:
“The present appeal is directed against the impugned judgment dated 10.07.2023 passed by the learned Judge, Family Court, Puri in C.P. No.123 of 2019, whereby the decree of divorce has been granted at the behest of the husband, dissolving the marriage between the parties.”

The marriage was solemnized on June 1, 2016, in accordance with Hindu rites and customs. The husband alleged that his wife consistently made disparaging comments about his physical infirmity, leading to frequent unpleasant situations.

The court found that the wife had used derogatory terms, stating:
“As borne out from the evidence of the husband (P.W.1), the wife used comments such as ‘Kempa, Nikhatu,’ etc. Although the wife cross-examined the husband, she did not suggest anything to rebut these statements.”

The court emphasized the expected conduct in a marital relationship, observing:
“A person is expected to give respect to another person in general. In the context of the husband-wife relationship, the wife is expected to support the husband despite any physical infirmity.”

In defining mental cruelty, the court referred to the Supreme Court judgment in V. Bhagat v. D. Bhagat, which held:
“Mental cruelty under Section 13(1)(i-a) can broadly be defined as conduct that inflicts upon the other party such mental pain and suffering as would make it impossible for that party to live with the other.”

The court also cited the landmark ruling in Samar Ghosh vs. Jaya Ghosh, stating:
“The human mind is extremely complex and human behavior equally complicated. Human ingenuity has no bounds; therefore, to assimilate all human behavior into one definition is almost impossible.”

Regarding the specific conduct in this case, the court observed:
“The wife’s statements targeting her husband’s physical infirmity undoubtedly caused him mental pain. Her behavior reveals her attitude and lack of respect towards him.”

The court concluded:
“This, in our opinion, certainly amounts to mental cruelty, justifying the inference that the wife treated her husband with cruelty owing to his physical deformity.”

The wife had left the matrimonial home on March 25, 2018, and subsequently filed a criminal case under Section 498-A IPC against her husband and in-laws. The husband filed for divorce on April 3, 2019.

The court left the matters of permanent alimony and the return of streedhan property open for the wife to pursue before the Family Court, noting the absence of material evidence regarding the income of either party.

Mr. M.B. Das, Advocate, appeared for the appellant wife, and Mr. H. Mohapatra, Advocate, represented the respondent husband.

Case Title: Priyanka Nayak Pradhan vs. Pranaya Pradhan Nayak

[Read Judgment]