Landmark Delhi High Court Judgment: Divorce Upheld on the Basis of Cruelty

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New Delhi, January 30, 2024In a recent ruling by the Delhi High Court, an appeal under Section 19 of the Family Courts Act and Section 28 of the Hindu Marriage Act was dismissed, affirming the divorce granted to the respondent/husband on grounds of cruelty. The judgment, pronounced on January 30, 2024, sheds light on the complexities surrounding matrimonial disputes and the interpretation of cruelty in divorce cases.

Background and Key Points

The appellant, referred to as the wife, contested the divorce granted to the husband on the grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act. The parties were married in 2006, and their daughter was born in 2007. The husband claimed that the wife’s behavior, including demands for luxuries, frequent visits to her parental home, and alleged threats, amounted to cruelty.

The wife, in her defense, denied the allegations, asserting that she faced ill-treatment, harassment, and assault. She accused the husband of suppressing material facts and filed counter-complaints under the Protection of Women from Domestic Violence Act and the Code of Criminal Procedure.

Court's Observations

The court considered evidence presented, including a CD and photographs showing the wife in compromising positions with another individual. The wife’s denial of any relationship was countered by the court’s interpretation of the visual evidence.

The court highlighted the importance of truthfulness in matrimonial disputes, citing the Supreme Court’s stance in Narendra vs K. Meena (2016). False allegations devoid of substantiation were deemed as cruelty, impacting the mental well-being of the spouse.


The Delhi High Court concluded that there was enough evidence to substantiate the husband’s claim of cruelty, justifying the divorce under Section 13(1)(ia) of the Hindu Marriage Act. The court emphasized the wife’s conduct, indicating a repudiation of the matrimonial relationship and a development of affections for another person.

In summary, the judgment sets a precedent for interpreting cruelty in divorce cases, emphasizing the need for evidence and truthfulness in matrimonial disputes.

Download Judgment

Click above to download this Judgment in the case titled MAT.APP.(F.C.) 314/2019. It can serve as a valuable resource for legal reference.

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