Wife's Conduct Of Attempting Suicide, Trying To Put Blame On Husband And His Family Amounts To Cruelty: Delhi High Court Upholds Divorce

The Delhi High Court has observed that a wife's conduct of attempting suicide and then trying to put the blame on the husband and his family members is an act of “extreme cruelty.”

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld the decree of divorce granted by a family court, in a divorce petition moved by the husband, on the ground of cruelty by the wife under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

While dismissing wife's appeal against the family court order, the High Court observed that during the two years of their matrimonial life, the parties barely resided together for ten months and even during that time, there were various acts of the cruelty of being subjected to false complaints and civil as well as criminal litigation committed by the wife towards the husband.

The parties got married in March 2007 and a daughter was born from their wedlock in November 2007. The husband alleged that barely after four months of the marriage, the wife deserted the matrimonial home and filed a false criminal complaint alleging not only that a huge dowry was given but also that exorbitant demands were being made by his parents.

The bench said that the husband, for about two years, was subjected to civil and criminal litigation by the wife's conduct who had filed not only civil, but also criminal cases against him on unsubstantiated allegations arising from misinformation.

“What more can be traumatic than being driven to seek protection from arrest on the unsubstantiated allegations. It reflects that from the beginning of their matrimonial life, there was no trust and faith, rather he was even suspected of committing theft of a car which had been gifted to them at the time of marriage,” the court said.

Furthermore, the bench noted that the wife consumed a mosquito repellent liquid in an attempt to commit suicide and even wrote a suicide note stating that her husband and in-laws were good people who had given her love and affection but she was unable to reciprocate the same sentiments, thereby completely exonerated them from her attempt to commit suicide.

“The appellant, however, in her testimony tried to wriggle out of her own admissions and suicide note by claiming that she was compelled to write the suicide note. She, however, admitted in her cross-examination that at the time of her attempting suicide in the noon, her husband was not even present as he was at his place of work,” the court noted.

It said: “Such conduct of the appellant in attempting suicide and then trying to put the blame on the husband and his family members is an act of extreme cruelty as the family remanded under constant threat of being implicated in false cases.”

The court observed that no doubt the wife appellant has a legal right to take recourse for the wrong that the in-laws may have been committed but making unsubstantiated allegations of having been subjected to dowry demands or acts of cruelty by them and getting criminal trials initiated against the husband are clearly acts of cruelty.

“We therefore, conclude that the learned Addl. Principal Judge, Family Court has rightly held that the respondent was subjected to cruelty by the appellant and granted divorce under Section 13 (1)(ia) of the HMA,” the court said.

Title: X v. Y

Citation: 2024 LiveLaw (Del) 37