Landmark Judgment Grants Divorce on Grounds of Cruelty

Landmark Judgment Grants Divorce on Grounds of Cruelty

Court Grants Divorce on Grounds of Cruelty Under Hindu Marriage Act

In a recent judgment pronounced on March 7, 2024, the Delhi High Court granted divorce to an appellant husband, citing cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The appellant had filed an appeal against the dismissal of his petition seeking divorce by the Family Court. Here’s a breakdown of the case:

Marriage and Allegations:

The appellant and respondent got married in 2005, but their marital bliss was short-lived due to alleged instances of cruelty. The appellant accused his wife of mental, physical, and financial cruelty, particularly after he suffered severe injuries in a train accident in 2010. He claimed that his wife failed to support him during his recovery period and even threatened him with suicide and false dowry cases.

Legal Proceedings:

The case proceeded with both parties presenting their side before the Family Court. Despite efforts to reconcile, the court found that the appellant failed to prove the cruelty he experienced. However, upon appeal, the Delhi High Court overturned the decision, citing substantial evidence supporting the appellant’s claims.


The High Court, after considering the testimonies and circumstances, concluded that the appellant had indeed been subjected to cruelty by his wife. It highlighted instances where the wife abandoned her responsibilities and sought financial security instead of supporting her injured husband. As a result, the court granted divorce to the appellant under Section 13(1)(ia) of the Hindu Marriage Act, 1955.


This judgment sets a precedent for granting divorce on grounds of cruelty, emphasizing the importance of emotional support and mutual respect in marital relationships. It underscores the court’s role in ensuring justice and protection for individuals facing marital hardships.

In conclusion, the ruling serves as a reminder of the legal provisions available to individuals experiencing cruelty in their marriages, providing them with recourse for seeking separation and justice.

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