The bench of Justices Alok Aradhe and J M Khazi observed in LEENA MONTEIRO VERSUS ALWYN D’CRUZ, that despite the wife’s investment of over Rs. 60 lakhs in her husband’s failing business projects, she was mistreated by him, causing her mental and emotional anguish. In its decision, the court stated:
“…it is clear that the husband treated her as a cash cow and had a materialistic attitude toward her. He had no emotional attachment to her. His behavior has caused her mental anguish and emotional trauma, which is sufficient to establish a case of mental cruelty.”
The woman who was wronged filed an appeal against a June 2020 Family Court order that denied her divorce on the grounds of cruelty. She claimed that her husband was unable to support her and her child because his family was in debt. She decided to work and found a job in the United Arab Emirates in 2008. (UAE). She allegedly spent a significant amount of money bringing her husband to the gulf country on an investor’s visa in 2012, establishing a salon for him there. She testified about the same in court. He returned to India a year later. She also stated that she had paid off all of the family debts. And she soon realized that she was being used for her money and that she was being manipulated and as a result, she decided to get a divorce. In 2018, the Family Court issued an ex-parte order dismissing her divorce petition.
The High Court cited the decisions of Dastane v. Dastane and Samar Ghosh v. Jaya Ghosh, stating that each marital conflict and cruelty claim must be evaluated on a case-by-case basis. The husband was found to be cruel, and the appeal was granted. The bench also stated that the Family Court made a grave error by failing to value the wife’s version, especially since her testimony was not even subjected to cross-examination. “Therefore, there is no convincing reason not to accept the wife’s uncontroverted testimony,” the decision stated. Thus, the ground for dissolution of marriage based on cruelty is established under Section 10(X) of the Indian Divorce Act of 1869.”