After Separation, Abuse Ceases, Not Wife’s Trauma | Bombay High Court Nagpur Bench

The Nagpur bench of Bombay high court made an observation on the trauma faced by separated / divorced women while hearing a matrimonial case. The court said emotional distress on a wife caused by husband, is bound to traumatize her even after she leaves the matrimonial home and takes shelter with parents.

A division bench comprising justices Mahesh Sonak and Pushpa Ganediwala said,

Even if the acts of physical cruelty in the matrimonial house may have ceased and do not take place at parental home, there can be no doubt that the mental trauma caused by husband’s acts, including verbal exchanges, that had compelled wife to leave the matrimonial home, would continue to persist at the parental home.

Case:

A woman had challenged the decision of Ram Nagar Police Station in Chandrapur to transfer FIR lodged by her against the Pune-based husband and in-laws to Chaturshrungi Police Station there on the mistaken notion that they do not have the jurisdiction to investigate the charges. The FIR was lodged under IPC Sections 377, 498-A, 504, and 506.

The 29-year-old petitioner alleged that the husband used thrashed regularly and even threatened to kill her. He used to return home late at night, show her pornographic videos, and used to have unnatural sex, thereby physically and mentally torturing her regular basis. Even after she delivered a daughter, her torture continued.

Bombay High Court, Nagpur Bench

Citing Supreme Court verdicts in similar cases, the bench added mental cruelty borne out of physical cruelty or abusive and humiliating verbal exchanges would continue in the parental home even though there may not be any such overt acts there. The court added,

Even the silence of the wife may have an underlying element of emotional distress and mental agony. Her sufferings at parental home though may be directly attributable to the commission of acts of husband’s cruelty at matrimonial home would undoubtedly, be the consequences of his acts.

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