Gujarat HC to Hear Appeal Seeking Divorce On Grounds of Mental Cruelty Over Wife’s Alleged ‘Obsession’ With Stray Dogs

Gujarat: The Gujarat High Court has recently taken up an appeal filed by a 41-year-old petitioner seeking dissolution of marriage on the ground of mental cruelty, alleging that his wife’s conduct towards stray dogs rendered cohabitation impossible. The appeal arises from the dismissal of his divorce petition by the Family Court in Ahmedabad.

According to the memorandum of appeal, the respondent wife displayed “an uncontrollable obsession towards stray dogs,” which, as alleged, affected the matrimonial relationship and “compromised the petitioner’s physical, emotional and domestic well-being.” The petitioner states that the respondent would bring stray dogs into the matrimonial home “against explicit objections,” and that one such dog allegedly “occupied the marital bed,” thereby disrupting normal marital life.

The petition further claims that the petitioner suffered repeated bites from the dogs and was “compelled to feed, clean and tend to the animals as per the respondent’s dictates.” It is alleged that this created “constant fear, stress and domestic disharmony.” The appeal asserts that the respondent “prioritised the welfare of the stray dogs over the matrimonial relationship,” resulting in a breakdown of conjugal companionship.

The appellant also states that he experienced health complications, including “deterioration in physical health, including uncontrolled diabetes,” and attributes these to stress arising from the respondent’s behaviour. It further states that he suffered “loss of normal marital functioning” due to the circumstances created within the home.

One of the incidents highlighted in the appeal involves a radio programme, where the respondent is stated to have arranged a “public prank” concerning the petitioner’s private life, described as “deeply humiliating and detrimental to the dignity of the petitioner.” The petition asserts that this caused “immense mental embarrassment” and contributed to the cumulative strain that the petitioner alleges as cruelty.

The Family Court had earlier rejected the divorce petition, holding that the allegations did not constitute legal cruelty. Challenging this finding, the petitioner contends before the High Court that the lower court failed to appreciate the “cumulative effect” of the respondent’s conduct and overlooked “material evidence” demonstrating that the marriage had irretrievably broken down.

The petitioner argues that cruelty need not be physical and may include conduct which causes “mental suffering, anguish or distress of such magnitude as to render marital cohabitation insupportable.” He asserts that the respondent’s conduct was “continuous, recurring and beyond the threshold of tolerance,” thereby meeting the legal standard for mental cruelty under matrimonial law.

The appeal also contends that the respondent’s alleged behaviour deprived him of “a normal marital environment,” and that her actions “negated the basic expectations of companionship, cooperation and mutual respect” essential to marriage.

During the recent proceedings, a Division Bench comprising Justice Sangeeta K. Vishen and Justice Nisha M. Thakore recorded the settlement positions of both parties. The petitioner indicated willingness to settle for ₹15 lakh, while the respondent sought ₹2 crore as settlement consideration. The Court directed both sides to obtain further instructions and listed the matter for continued hearing.

The High Court will now examine whether the allegations, when viewed cumulatively, meet the legal threshold required for establishing mental cruelty under the applicable personal law.

Court: Gujarat High Court

Bench: Hon’ble Justice Sangeeta K. Vishen and Hon’ble Justice Nisha M. Thakore

Stage: Appeal against dismissal of divorce petition by Family Court

Next Hearing: December 1, 2025