LI Network
Published on: January 24, 2024 at 11:00 IST
The Delhi High Court recently ruled in favor of granting a divorce to a man, citing grounds of cruelty by his wife. The court observed that the wife exhibited a “non-adjusting attitude” and lacked the maturity to resolve differences without subjecting the husband to public humiliation, causing him mental distress.
A division bench consisting of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna emphasized that continuing the matrimonial relationship would serve no fruitful purpose, and thus, they granted the divorce to the husband.
The court stated, “In the present case, the evidence on record makes it abundantly evident that the discord between the parties was not a mere normal wear and tear of marriage but when viewed comprehensively, were necessarily the acts of cruelty towards the appellant making their continuation in matrimonial relationship an act of perpetuation of cruelty.”
This decision overturned a family court order that had previously dismissed the husband’s petition seeking a divorce under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955.
The couple had married in 2001 and had two daughters during their wedlock. The divorce petition was filed in 2017.
In allowing the husband’s appeal, the court noted that despite the long duration of their matrimonial relationship, their married life was far from blissful, marked by turbulence and a lack of love, affection, and trust.
The bench pointed out that the wife’s conduct revealed a persistence in making baseless allegations against the husband.
The Court clarified that while resorting to legal remedies is not inherently an act of cruelty, such actions must be bona fide and have a reasonable basis.
Unfortunately, in this case, the court found that the wife failed to substantiate the alleged dowry harassment or domestic violence grounds.
Title: X v. Y