Wife's Insistence To Live Separately From Husband's Family Without Reason Constitutes 'Cruelty': Delhi High Court

The Delhi High Court has held that wife's insistence to live separately from other family members of the husband without any justifiable reason can be termed as an act of 'cruelty'.

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna added that such acrimonious atmosphere at home cannot be a conducive environment for a married couple to forge a cordial conjugal relationship.

The court made the observations while dissolving marriage of a couple on the ground of cruelty and desertion under Section 13(1)(i-a) & (i-b) of the Hindu Marriage Act, 1955.

The bench was deciding an appeal moved by the husband challenging an order passed by the family court dismissing his petition seeking divorce on the ground of cruelty and desertion by his wife.

The family court had observed that there was nothing on record to prove that the wife had left the husband’s company without any reasonable cause and that he failed to prove animus deserendi (intention to bring cohabitation permanently to an end) on her part.

The parties got married in November 2000 and had two children born from the wedlock. The wife left the matrimonial home in 2003. However, she later came back but left again in July 2007.

Going through the facts of the case, the bench said that only inference that could be drawn was that the wife’s insistence to live separately from other family members of the husband was “whimsical and had no justifiable reason.” It added that such persistent insistence could only be termed as an act of cruelty.

“In the present case as well the respondent has not been able to show any justifiable reason for her insistence to have separate residence, however, this is brought forth from an out-of-court settlement which the parties have entered into to live separately but thereafter, she went back to live in the matrimonial home with other family members,” the court said.

Furthermore, the bench also observed that since 2007, the wife had failed to resume her matrimonial obligations and that the husband had been denied conjugal rights.

The court said that such prolonged deprivation of conjugal rights coupled with the statement of the wife in in court, that she had no intention to join the husband’s company, and not objecting to the grant of divorce, reinforces that such deprivation had resulted in mental cruelty to the husband.

The court also said that the wife’s conduct also revealed that she had no intention to resume the matrimonial relationship.

“An acrimonious atmosphere at home cannot be a conducive environment for the parties to forge a cordial conjugal relationship. Such prevailing atmosphere in the home on account of lack of coordination and illusive conduct of the wife over a period of time is bound to be a source of mental cruelty,” the court said.

It added, “Accordingly, in view of above, the marriage between the appellant and the respondent is hereby dissolved on the ground of cruelty and desertion under Section 13(1)(i-a) & (i-b) of the Hindu Marriage Act, 1955.”

Case Title: SJ v. S

Citation: 2023 LiveLaw (Del) 736

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