Delhi High Court Grants Divorce To Man From 'Non Adjusting Wife' On Grounds Of Cruelty

The Delhi High Court recently granted divorce to a man on the grounds of cruelty by his wife, observing that she had a “non-adjusting attitude” and no maturity to sort out the differences with him without his public humiliation due to which he suffered mental cruelty.

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said that no fruitful purpose would be served in flogging a dead horse and granted divorce to the husband.

“In the present case, the evidence on record makes it abundantly evident that the discord between the parties was not a mere normal wear and tear of marriage but when viewed comprehensively, were necessarily the acts of cruelty towards the appellant making their continuation in matrimonial relationship an act of perpetuation of cruelty,” the court said.

The bench set aside a family court order dismissing the petition filed by the husband seeking a divorce from the wife under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955.

The parties got married in 2001 and two girls were born from their wedlock. The divorce petition was filed in 2017.

Allowing the husband's appeal, the court observed that though the parties had been in a matrimonial relationship for a long period, their married life was not blissful, was tumultuous and they were not able to forge any love, affection, and trust between them.

The bench said that the wife, from her conduct, demonstrated that she had been persistent and insistent on making allegations against the husband without any basis.

“Resorting to legal remedies cannot be termed as an act of cruelty, however, invoking of the jurisdiction of legal authorities has to be bona fide and with some basis. Unfortunately, the respondent has not been able to prove or justify the grounds of either alleged dowry harassment or of domestic violence in the present case,” the court said.

Counsel for Appellant: Ms. Raavi Birbal, Advocate

Counsel for Respondent: Mr.Prateek Mehta, Mr.Anshul Luthra & Mr.Vikas, Advocates

Title: X v. Y

Citation: 2024 LiveLaw (Del) 88