Delhi HC upholds family court's order granting divorce on grounds of cruelty by wife
New Delhi, Sep 19 (IANS) Upholding a family court's order, the Delhi High Court has said that consistent rejection and non-acknowledgment of a husband in a marriage by his wife constitute a source of great mental agony for him.
The court upheld family court's order granting divorce to man based on the grounds of cruelty by his wife.
The couple had married in March 2011 but began living separately just six months after their marriage.
The husband testified that his wife had refused to observe the fast of Karwa Chauth, stating that she considered another man as her husband and had been forced into the marriage by her parents against her wishes.
The division bench of Justices Suresh Kumar Kait and Neena Bansal Krishna noted that such disconnection and constant rejection or non-acknowledgment of the husband as a spouse could cause great mental agony for him.
The court dismissed the wife's appeal, stating that her conduct had inflicted immense mental suffering, pain, and cruelty upon the husband, justifying his entitlement to divorce.
The evidence presented during the case revealed that the marriage was not harmonious, as the wife had extreme reluctance to engage in a conjugal relationship. Even when they did, it lacked emotional connection.
Moreover, the court noted that the wife had threatened to commit suicide on two occasions, behaviour likely to affect the husband's peace of mind and mental well-being.
The court also said that a criminal case in which the husband and his family members were acquitted under Section 498A of the Indian Penal Code proved that the allegations of dowry and harassment by the wife were unsubstantiated.
It said that a marital relationship is built on mutual trust, respect, and companionship, and the wife's conduct had clearly demonstrated the absence of these essential elements in their marriage.