In a significant ruling, the Delhi High Court has granted divorce to a husband based on allegations of false accusations and mental cruelty by his wife.
The case, presided over by a division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna, revolved around the husband's appeal against a family court order that had dismissed his petition seeking divorce on the grounds of cruelty and desertion by his wife.
Brief Facts of the Case:
The case involves a husband's appeal against a family court's decision to dismiss his petition seeking divorce from his wife. The couple got married in accordance with Hindu customs and had two children. The husband alleged that the wife's behavior deteriorated soon after their marriage, with routine fights and abusive language directed towards his family members. The wife frequently left the matrimonial home and demanded separate accommodation. The husband claimed that despite his efforts to reconcile, the wife's conduct remained unchanged, and she even made false allegations against his family, such as attempting to commit rape.
Contentions of the Parties:
The husband has advanced several key contentions to support his plea for divorce. Firstly, he asserts that the wife's behavior subsequent to their marriage was marked by a significant deterioration in her conduct. He alleges that she engaged in frequent and vehement fights, often employing abusive language directed towards his family members. Moreover, the husband maintains that the wife's tendency to repeatedly leave the matrimonial home was a prominent aspect of their troubled relationship. He contends that despite his repeated efforts to restore harmony, her behavior remained unchanged.
Conversely, the wife's contentions are rooted in her own experiences and perceptions of the marriage. She asserts that she was subjected to harassment, ill-treatment, and demands for dowry by the husband and his family members. The wife underscores the alleged mistreatment and states that her attempts to reconcile with the husband were met with further cruelty. She contends that her decision to leave the matrimonial home was a response to the unbearable conditions created by the husband and his family.
Observations by the Court:
The court observed that the wife's conduct of making false allegations against the husband and his family members, coupled with constant threats of summoning them to the police station, amounted to acts of cruelty that severely affected the husband's mental well-being. The court highlighted that visiting a police station is a source of mental harassment and trauma, akin to a "Damocles Sword" hanging over his head, which can lead to anxiety and fear of potential legal trouble.
The wife had alleged that her father-in-law attempted to commit rape upon her. However, the court noted that these scandalous allegations were never pursued to a logical conclusion and were dropped midway. Moreover, the husband and his family were acquitted of criminal charges related to these allegations, further undermining their credibility.
The court also emphasized that unsubstantiated allegations related to dowry demands and false police reports were detrimental to the husband's reputation and caused significant distress. The judge cited previous judgments that established that reckless and false accusations against a spouse and family members lower their reputation in society and amount to cruelty.
Regarding the issue of desertion, the court recognized that the wife's refusal to return to the matrimonial home and her consistent avoidance of cohabitation with the husband established grounds for desertion.
The court invoked the principle that a law of divorce based primarily on fault is inadequate to address a broken marriage. It stated that when a marriage has broken down beyond repair, it would be unrealistic for the law not to acknowledge this fact, as clinging to such a marriage would be harmful to both parties and society. The court concluded that the long period of separation, coupled with false allegations, police reports, and a criminal trial, had led to mental cruelty, and insisting on continuing the relationship would inflict further harm on both parties.
Decision of the Court:
In light of these considerations, the Delhi High Court granted the divorce and dissolved the marriage between the parties under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1956.
Case Name: XYZ vs ABC
Coram: Justice Suresh Kumar Kait and Justice Neena Bansal Krishna
Case No.: MAT.APP.(F.C.) 144/2019
Advocates of the Petitioners: Mr. Ranjit Kumar Dubey and Mr. Piyush Nagpal, Advocate.
Advocatess of the Respondent: Mr. Praduman Kumar Aggarwal, Advocate.
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