Non-payment of debt money by wife to creditors despite clear instructions of husband does not constitute ‘cruelty’ to seek divorce

Failure of wife to pay amount to third party creditors, despite clear instructions of husband, does not constitute matrimonial cruelty and cannot be ground of divorce.

In divorce cases, instances of cruelty cannot be taken into consideration on the basis of an isolated incident. The cumulative facts and circumstances have to be looked into to see as to whether one of the spouses was subjected to matrimonial cruelty at the instance of the other.

Divorce petition was filed by husband on ground of cruelty by wife. As per husband when parties resided together, husband used to handover various amount to wife with an instruction to settle third party-debt. However, wife, without handing over amount, has caused disrepute to husband in midst of creditors. According to wife, there was no such occasion when husband handed over money to her with instruction to pay it to third party creditors. Husband only made bald and vague averment without mentioning quantum of amount, date and person to whom it was instructed to be paid. Even assuming that wife failed to pay third party creditors the amount handed over to her by husband, it cannot be taken into consideration to conclude that husband was subjected to matrimonial cruelty by wife. At best, this can be regarded as a normal wear and tear in each and every family.’