Tanya Gupta
Published on: March 11, 2022 at 20:26 IST
In the Case of X Vs. Y, 12-Year Long Marriage has been Dissolved by the Delhi High Court Observing the Fact that the Wife has filed an Unconfirmed Complaint of Immense Mental Cruelty and Agony against the Husband and his Family Members.
The Marriage was Dissolved by an Order of Divorce Under Sections 13(1) (ia) and 13(1) (ib) of the Hindu Marriage Act, 1955 by the Justices Vipin Sanghi and Jasmeet Singh.
The Bench noted that there is no Point in Saving a Marriage that is irretrievably Broken and the insistence to Continue the Marriage would only lead to the Infliction of further Cruelty on Both Parties.
The Court stated,
“The Marital Discord between the Parties at present is such that there is a Complete Loss of Faith, Trust, Understanding, and Love between the Parties. The Conduct of the Respondent (Wife) has been such as to cause Great Mental Anguish to the Appellant (Husband), and the Parties cannot be reasonably expected to Live with each other anymore.”
The Court was dealing with an Appeal filed by the Appellant Husband challenging the Family Court’s Decree, wherein the Petitioner was seeking Divorce Under Sections 13(1) (ia) and 13(1) (ib) of the Hindu Marriage Act, 1955.
The Court opined,
“Rather, the Respondent filed a Complaint before the Crime Against Women Cell alleging Dowry Demand, Threat to Life, and Harassment at the Hands of the Appellant and his Family Members. The same Allegations were reiterated in the Reply to the Section 9 petition, where the Crime Against Women Cell Complaint was also Annexed. The Respondent Prayed for Dismissal of the Petition under Section 9 of the Hindu Marriage Act, 1955.”
The Court stated that the Wife Demonstrates a Clear Intention of not only Deserting her Husband but also establishes Insensitivity towards her Husband’s Emotional and Physical Needs.
“After nearly Two Years of leaving the Matrimonial Home, and Three Years of the Marriage, the Respondent filed a Complaint on 10.10.2011 before the Crime Against Women Cell, Krishna Nagar, Delhi against the Appellant and his Family Members, alleging Dowry Demands, Abuse, Physical and Mental Torture, and Harassment, amongst other Cruelties. These Allegations remained Unsubstantiated,” the Court stated.
The Court opined that the Allegations were unsubstantial amounting to a Clear Assassination of the Husband’s Character and his Family Members’.
The Court further stated that the Wife failed to Justify her Non-Return to her Matrimonial Home. Thus, Establishes Clear Desertion by her.
The Plea was disposed of accordingly.
Also Read: Supreme Court dissolves ‘emotionally dead’ two-decade old Marriage