Long separation, absence of cohabitation, breakdown of all meaningful bonds: Delhi High Court Grants Divorce Citing Cruelty by Wife

New Delhi, January 8, 2024 — In a groundbreaking verdict, the Delhi High Court has granted a divorce, emphasizing cruelty by the wife as the pivotal factor. The judgment, delivered by Hon’ble Justice Neena Bansal Krishna, signifies the conclusion of a legal battle initiated with a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (HMA, 1955).

Background of the Case

The case, identified as MAT.APP. (F.C.) 71/2020, involved the appellant as the husband and the respondent as the wife. The couple, who tied the knot on November 30, 2011, experienced challenges early in their marriage. The husband alleged that the wife, immediately after their honeymoon, began pressuring him to take her to her parental home.

The husband contended that he faced threats of suicide and false implication in baseless cases if he did not comply with the wife’s demands. The legal proceedings unfolded with a series of accusations and counter-accusations, painting a complex picture of familial discord.

Legal Proceedings

The judgment highlighted crucial events, including instances where the wife left the matrimonial home, allegations of dowry demands, and legal actions initiated by both parties. The court meticulously examined the evidence presented, such as a Legal Notice served by the husband and a complaint filed by the wife in the Aichik Bureau.

Court's Observations

Cruelty by Wife: Long separation, absence of cohabitation, breakdown of all meaningful bonds

Justice Neena Bansal Krishna observed that the wife failed to substantiate her accusations of dowry harassment and attempted murder. The court emphasized that making serious and unsubstantiated allegations without supporting evidence reflects a vindictive nature, constituting cruelty.

The judgment underscored the prolonged separation of over 11 years, with no scope for reconciliation, resulting in mental cruelty for both parties. Referring to legal precedents, the court concluded that the marriage had irreparably broken down, and its continuation would inflict further harm.


In conclusion, the Delhi High Court allowed the appeal and granted the divorce to the husband based on the grounds of cruelty by the wife under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (HMA, 1955).

Download Judgment

Click above to download this Judgment in the case titled MAT.APP.(F.C.) 70/2020. It can serve as a valuable resource for legal reference.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top