Delhi HC upholds family court's order allowing divorce plea of man subjected to cruelty by wife

New Delhi, Aug 17  The Delhi High Court has upheld a family court's decision to grant a divorce decree to a man based on his claim of mental cruelty by his wife. 

In its observation, a division bench consisting Justice Suresh Kumar Kait and Justice Neena Bansal Krishna deemed false allegations of an illicit relationship as the "ultimate kind of cruelty," saying that such accusations erode the trust essential for a successful marital relationship.

“False allegations of illicit relationship are the ultimate kind of cruelty as it reflects a complete breakdown of trust and faith amongst the spouses without which no matrimonial relationship can survive,” the court said.

The bench dismissed an appeal by the wife against the family court's order, which allowed the husband's divorce petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, on grounds of cruelty by the wife.

The couple, who had married in March 2009 and had a daughter, faced marital challenges, with the husband claiming that he experienced various forms of cruelty from his wife, who left the matrimonial home in March 2016.

The court said that the husband's unrebutted testimony substantiated that the wife would engage in quarrels over trivial matters and maintain an inflexible stance despite his attempts to communicate and reason with her.

The court observed cohabitation as a crucial element of a marital relationship and highlighted that the wife's actions of leaving the husband for extended periods without notice and withholding cohabitation were significant factors.

The bench noted that while individual arguments might appear minor, their cumulative impact could severely disrupt mental peace and cause anguish if they occurred repeatedly.

The court also considered the husband's claim that the wife had attempted suicide by jumping from a balcony, which took a toll on his mental well-being and affected the marital relationship.

Regarding the wife's allegation of the husband's extramarital affairs, the court pointed out the lack of evidence supporting such claims. The court regarded these accusations as detrimental to the marital relationship and akin to a "final nail," contributing to the overall mental cruelty.

The bench upheld the family court's decision, stating that the instances discussed collectively demonstrated substantial mental cruelty, justifying the husband's entitlement to a divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

--IANS

spr/uk

Disclaimer: This post has been auto-published from an agency feed without any modifications to the text and has not been reviewed by an editor