Landmark Delhi High Court Verdict: Divorce under Section 13(1)(i-a) of Hindu Marriage Act Upheld

New Delhi, January 9, 2024 — In a significant judgment by the Delhi High Court, divorce was upheld under Section 13(1)(i-a) of the Hindu Marriage Act. The case, MAT.APP.(F.C.) 37/2022 & CM APPL.16702/2022, witnessed the court’s decision based on grounds of cruelty within the marital relationship.

Background and Legal Basis

The legal proceedings unfolded as a result of a petition filed under Section 19 of the Family Court Act, 1984, read with Section 28 of the Hindu Marriage Act, 1955 (HMA). The appellant, referred to as the husband, sought divorce on the grounds of cruelty by the respondent, referred to as the wife, as per Section 13(1)(i-a) of the Hindu Marriage Act.

Allegations and Matrimonial Strife

The court examined the facts, beginning with the dowry-less marriage in 2007 and the subsequent birth of a daughter. The wife’s allegations of dowry demands and false criminal complaints under section 498A IPC marked the early turbulence in the marital union. Despite attempts at reconciliation and compromise, issues persisted, leading to the husband filing for divorce.

divorce under section 13(1)(i-a) of hindu marriage act

Judicial Scrutiny and Observations

The Hon’ble Judges, in their analysis, emphasized the withdrawal of previous legal cases and the wife’s failure to substantiate claims. The court scrutinized incidents, including the theft of dowry items and the wife’s suicide attempt, as acts of cruelty. Drawing on legal precedents, the judgment underscored that false complaints and subsequent litigation constituted mental cruelty.

Divorce Granted under Section 13(1)(i-a) of HMA

The court’s verdict affirmed the husband’s claim of being subjected to cruelty by the wife, leading to the grant of divorce under Section 13(1)(i-a) of the Hindu Marriage Act. This landmark decision sets a precedent for cases involving similar grounds for marital dissolution.


The Delhi High Court’s decision in MAT.APP.(F.C.) 37/2022 is a notable instance where divorce was granted under Section 13(1)(i-a) of HMA, highlighting the importance of addressing issues of cruelty within the legal framework.

Download Judgment

Click above to download this Judgment in the case titled MAT.APP.(F.C.) 72/2022. It can serve as a valuable resource for legal reference.

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