The Delhi High Court allowed an appeal filed under Section 19 of the Family Courts Act, 1984 read with 28 Hindu Marriage Act 1955 by the petitioner/husband against the Judgment dated 09.10.2018, vide which his petition under Section 13 (i) (ia) of the Hindu Marriage Act, 1955 was dismissed. The Court observed that no matter how bitter the relationship between husband and wife may become, it is not appropriate to involve the child or embitter her against the father or to use her as a tool against him.
Brief Facts:
The parties got married on 09.05.1998, according to the Hindu Rites and Customs at Arya Samaj Temple at Baroda, Gujarat. The marriage was consummated and two daughters were born from their wedlock on 25.03.1999 and 15.10.2004 respectively. The temperamental differences between the parties grew and the respondent left the matrimonial home in May 1999. She made a complaint to his Commanding Officer and consequently, directions were passed for deduction of Maintenance Allowance from the salary of the petitioner, to be paid to the respondent directly, w.e.f. July, 1999.
The appellant asserted that they had been living separately since 2006 and their marriage has completely broken down. He thus, filed the present Petition under Section 13 (i) (ia) of the Act, seeking divorce on the ground of cruelty.
Contentions of the Appellant:
The Learned Counsel for the Appellant submitted that the respondent frequently called the local police on false and frivolous pretexts because of which the petitioner was subjected to humiliation, atrocities, and cruelty. He contended that the conduct of the respondent continued to be torturous, humiliating him in front of his friends, relatives, and neighbours, resulting in the severance of his relationships with his friends and neighbours.
Contentions of the Respondent:
The Learned Counsel for the Respondent submitted that the appellant has failed to comply with the Order of Maintenance awarded by Mahila Court vide Order dated 26.07.2010. She always gave proper respect to the elders in the family and always discharged her duties and responsibilities, despite which she was subjected to ill-treatment and abuse by the appellant. He also ignored his responsibilities towards the respondent during her pregnancy and physically abused her on 05.04.1999.
The Court noted that despite all endeavours made by the appellant, the differences between the parties did not get reconciled. All the efforts of living together did not yield any results and hostilities between the appellant and the respondent continued. The differences between the two adults may arise due to myriad reasons, some may be temperamental or factual, but the irrationality of the conduct of the respondent is brought forth by her conduct of involving an eight-year-old child in their disputes.
The Court observed that the act of the respondent in trying to turn the children against their father and even making her write a complaint against her father is a clear case of parental alienation, which in itself is an act of grave mental cruelty. No matter how bitter the relationship between husband and wife may become, it is not appropriate to involve the child or embitter her against the father or to use her as a tool against him.
The decision of the Court:
The Delhi High Court, allowing the appeal, held that the evidence on record proved that there was no chance of reconciliation between the parties and such a long separation peppered with false allegations, Police reports and criminal complaints and further aggravated by parental alienation can only be termed as acts of mental cruelty.
Case Title: Kanwal Kishore Girdhar v Seema Girdhar
Coram: Hon’ble Justice Suresh Kumar Kait and Hon’ble Justice Neena Bansal Krishna
Case No.: MAT. APP. (F.C.) 326/2018
Advocate for the Appellant: Mr. Chandan Kumar Mandal, Mr. G.K. Chauhan and Mr. Rajeev Kumar Tomar
Advocate for the Respondents: Mr. Mukesh Kumar
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