The Delhi High Court recently granted a man’s divorce from his wife on the grounds that she had been cruel to him, noting that she lacked the maturity and “non-adjusting attitude” to work out their problems without subjecting him to public humiliation, which caused him to suffer mental cruelty.
The husband was granted a divorce by a division bench made up of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna, who stated that there would be no use to beating a dead horse.
“In this instance, the available evidence clearly demonstrates that the conflict between the parties was not just typical marital wear and tear, but rather, when considered in its entirety, required the appellant’s acts of cruelty, rendering their continued matrimonial relationship an act of cruelty perpetuation,” the court stated.
The husband filed a plea for a divorce from his wife under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955. The bench overturned a family court ruling rejecting the case.
The couple wed in 2001, and they welcomed two daughters into their union. In 2017, the divorce petition was submitted.
The court granted the husband’s appeal, noting that despite the length of time the couples had been married, their marriage was turbulent, unhappy, and they had failed to develop a relationship based on love, affection, and trust.
According to the court, the wife’s actions showed that she had been unrelenting in her accusations against the husband, even in the absence of any evidence.
“Resorting to legal remedies cannot be considered an act of cruelty; nonetheless, seeking the jurisdiction of legal authorities must be legitimate and have some justification. Unfortunately, the respondent has been unable to show or defend the allegations of dowry harassment or domestic violence in the current instance,” the court stated.
Counsel for Appellant: Ms. Raavi Birbal, Advocate.
Counsel for Respondent: Mr.Prateek Mehta, Mr.Anshul Luthra & Mr.Vikas, Advocates.