Wife's Habit Of Chewing Tobacco Not Sufficient For Divorce - Bombay High Court

GENERAL OVERVIEW

• Supporting the Nagpur family court's judgement, Bombay High Court states that the spouse's habit of chewing tobacco is not enough reason to be granted divorce.
 
• A division bench with Justices Atul Chandurkar and Pushpa Ganediwala observed that the husband's claims and allegations were too vague, and general to dissolve the marriage.

FURTHER DETAILS

• The couple married on June 15th, in the year 2003 after which the differences they faced grew to a greater degree.

• The couple have two children, a boy and a girl. The husband filed for a divorce on the grounds that his wife, due to her habit of chewing tobacco often- developed cysts, which incurred a lot of medical expenses on him. When asked to produce medical documents, he failed to bring it up.

• He also stated that his wife leaves the household work unfinished, quarrels with his parents, and often travels back to her home without informing her husband.

The judges observed that these situations and claims are not enough to prove cruelty within a marriage, and are not sufficient to satisfy the court, to grant a divorce.

•The court considered the children in the situation, and stated that the husband's allegations were not strong enough to dissolve the marriage, and if the marriage was dissolved, it would cause a great loss to the children, and in the children's best interests, the marriage will stay intact.

CURRENT SITUATION

• As per the judgement of the Bombay high Court, a husband can not file for a divorce on the grounds of mental cruelty, just based on her habits of chewing tobacco, or if his wife doesn't do the household work.

• The allegations of mental cruelty must have stronger hold to satisfy the court, and therefore the High Court dismissed the husband's plea, seeking for divorce on the vague and weak grounds. 

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