New Delhi, February 12, 2024 — In a significant judgment, the Delhi High Court, in a case filed under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955, granted divorce to a husband citing cruelty and desertion by the wife. The case, MAT.APP.(F.C.) 101/2019, saw the court scrutinizing the allegations of cruelty and desertion put forth by both parties.
Background of the Case
The appellant, referred to as the wife, contested the divorce petition filed by her husband. The petitioner claimed instances of cruelty, including physical abuse, and cited desertion since June 2004. The wife, in her defense, denied the allegations and asserted that the husband was an alcoholic and had committed acts of cruelty
Allegations and Court's Analysis
The husband alleged that the wife frequently left the matrimonial home, neglected household responsibilities, and even left their minor son unattended. The court, however, found the lack of independent evidence supporting these claims. The son, in his testimony, did not validate allegations of neglect.
Cruelty Claims
The court highlighted inconsistencies in the wife’s claims, emphasizing the absence of medical records supporting her allegations of physical abuse. It noted that making unsubstantiated allegations, such as dowry harassment, without basis can constitute mental trauma and cruelty.
Desertion Grounds
The court upheld the husband’s claim of desertion since 2004, citing the wife’s unwillingness to reconcile and her pursuit of legal actions against him. It emphasized both the “Factum Deserdendi” and “Animus Deserendi” elements.
Final Verdict
The Delhi High Court concurred with the Family Court’s findings, granting divorce on the grounds of cruelty and desertion under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955.
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