Accessing Wife’s Private Photos Without Consent and Humiliating Her Before Family Amounts to Mental Cruelty

Ranchi | January 10, 2026
Lentis Legalis

The Jharkhand High Court has ruled that viewing a wife’s private photos without her consent and showing them to family members, causing humiliation, constitutes mental cruelty under matrimonial law and is a valid ground for divorce.

A division bench of Justices Sujit Narayan Prasad and Arun Kumar Rai allowed the wife’s appeal, overturning the Family Court’s order that had previously refused to grant a decree of divorce. The High Court observed that the trial court failed to appreciate the evidence correctly and overlooked clear indications of mental cruelty.

The couple was married on March 13, 2020. The wife left her matrimonial home less than two months later, on May 10, 2020, and subsequently approached the Family Court seeking a divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, on the grounds of physical and mental cruelty.

The wife alleged that while she was asleep, her husband accessed her mobile phone and retrieved private and objectionable photos saved in her Google Drive without her knowledge or consent. She claimed that he transferred these photos to his device and subsequently used them to threaten and blackmail her.

She further alleged that the husband showed these private photos to his parents and other family members, subjecting her to continuous humiliation and mental harassment. According to her, she was also physically assaulted, forced into sexual relations under threat of having the photos uploaded on social media, and deprived of her stridhan (dowry). She also claimed that she was forced to sign a declaration stating that she was voluntarily leaving her matrimonial home and would not claim any rights in the future. Finally, she alleged that she was thrown out of the house along with her father and threatened with dire consequences.

The husband denied all allegations of cruelty. He argued that the wife had a relationship with another man before the marriage and had concealed this fact. She further claimed that she continued to communicate with the man even after her marriage and was unwilling to end the relationship. According to her, despite knowing about his wife’s past relationship, the husband was willing to continue the marital relationship.

The Family Court dismissed the divorce petition, stating that the wife had failed to prove cruelty, even on a balance of probabilities. However, the High Court reiterated that under Section 19 of the Family Courts Act, it had the power to re-examine both the facts and the law. After a detailed examination of the oral evidence and the established principles relating to cruelty, the High Court held that while the allegations of physical assault were not proven by conclusive evidence, mental cruelty had been clearly established.

The bench observed that accessing a spouse’s private photographs without permission and showing them to family members constitutes humiliation, a violation of privacy, and character assassination, which strikes at the very root of a person’s dignity.

The court stated, “Marriage is based on trust and respect. Once that foundation is destroyed, it cannot be rebuilt, as trust is the bedrock of the marital relationship.”

The High Court held that exposing a spouse’s private matters to the public and humiliating them destroys the foundation of trust in the marriage, and it is unreasonable to expect them to continue living together under such circumstances.

See here to read Judgement