New Delhi, December 20, 2023: In a significant legal development, the Delhi High Court pronounced divorce on the ground of cruelty in a case filed under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The case, identified as MAT.APP.(F.C.) 254/2019, involved a marital dispute between a husband, referred to as the ‘appellant,’ and his wife, referred to as the ‘respondent.’
Overview
The appellant sought divorce alleging cruelty by his wife. The couple, married since October 5, 1998, faced a myriad of issues, leading to the wife leaving the matrimonial home on March 5, 2012.
Allegations by the Appellant
The appellant contended that his wife displayed greed, quarrelsome behavior, and jealousy from the beginning of their marriage. Despite fulfilling financial responsibilities, allegations of disrespect towards his widowed mother and attempts to alienate their children from her were made. The appellant claimed persistent mental torture, instigation of the children against him, and the wife’s departure without notice in 2012.
Counter-Arguments by the Respondent
The respondent denied the allegations, asserting her departure was due to domestic violence. She accused the appellant of physical abuse, with an incident detailed on February 19, 2012, involving assault and cruelty towards her.
Court's Findings
The court, comprising Hon’ble Justice Neena Bansal Krishna and Hon’ble Justice Suresh Kumar Kait, analyzed the evidence and concluded that the bone of contention was the appellant’s mother. The court observed the wife’s intolerance towards the mother-in-law and her departure, noting that the appellant fulfilled his marital obligations.
Key Ruling
The court granted the divorce on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, emphasizing the prolonged separation and the respondent’s failure to reconcile.
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