Delhi High Court Grants Divorce Due to Mental Cruelty
In a recent judgment, the Delhi High Court granted a divorce to a couple who had been living separately for over a decade. The case revolved around the dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955, which deals with divorce on the grounds of cruelty.
Background and Allegations
The couple married in 2008 and began experiencing marital issues, leading to their separation in 2012. The wife filed for divorce in 2012, citing various instances of cruelty, including the husband’s alleged gambling habits, pressure to provide dowry, and misuse of her earnings. The wife also filed a criminal complaint under Sections 406, 420, and 120B of the Indian Penal Code (IPC) against the husband. Despite these allegations, the Family Court initially dismissed the divorce petition, stating that the wife could not provide sufficient evidence of cruelty.
High Court’s Ruling
On appeal, the Delhi High Court reviewed the case and concluded that the prolonged separation, along with the lack of any possibility of reconciliation, constituted mental cruelty. The Court referenced the Supreme Court’s ruling in Samar Ghosh v. Jaya Ghosh, which stated that a long period of separation is a significant factor in determining mental cruelty. The Court also emphasized that the continuation of a broken marriage would only lead to further trauma for both parties. Consequently, the High Court set aside the Family Court’s judgment and granted the divorce under Section 13(1)(ia) of the Hindu Marriage Act.