Making Derogatory Complaints To Spouse's Employer To Harm Professional Reputation Amounts To Cruelty: Delhi High Court

The Delhi High Court has recently observed that making derogatory complaints to the employer of the spouse to harm professional reputation and financial well-being amounts to cruelty.

A division bench comprising Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said that making such complaints demonstrates a lack of mutual respect and goodwill, which is crucial for a healthy marriage.

The court said that merely by stating that such complaints were made after the parties have separated, in no manner absolves a spouse from the guilt of committing cruelty on the receiving end.

“……making derogatory complaints to the Employer of spouse, with intent to harm professional reputation and financial well-being, is nothing but cruelty,” the court said.

The bench made the observations while granting divorce to a husband on the grounds of cruelty by the wife under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

It allowed the husband's appeal against a family court order rejected his petition seeking divorce. The parties got married in 2011 and lived together only for a brief period of 2-3 months.

The husband alleged that the wife made abusive phone calls to him and his parents and sent complaints to his employer (RBI) with the intention of causing him embarrassment in front of his colleagues.

On the other hand, the wife claimed that the husband had deserted her and the child and that she was mistreated and neglected by the husband and in-laws.

The court observed that the Family Court has failed to appreciate that spouses engaging in defamatory language directed towards one's in-laws, not only undermines the dignity and reputation of the individuals but also erodes the trust and respect necessary for a healthy marital bond.

“The respondent's (wife) admission to sending a message containing derogatory language towards the appellant's father demonstrates a lack of respect and consideration within the relationship. These actions undermine the foundations of mutual respect and support essential for a healthy marital bond,” the court said.

It added that the persistent engagement in litigation of the spouses over an extended period spanning over a decade can be construed as cruelty.

The bench said that the wife, by absenting herself for cross-examination, willingly opted to not substantiate her allegations against the husband.

It added that by making false allegations of adultery, making complaints to the husband's employer, passing derogatory comments against his father and filing multiple litigations against him, the wife committed mental cruelty upon him within the ambit of Section 13 (1) (ia) of the Hindu Marriage Act.

“The respondent has lived for a short span of less than even one year with the appellant and has deliberately chosen to stay away from his parents and son of the parties, thereby depriving the appellant of marital bliss and fatherhood,” the court said.

Title: X v. Y

Citation: 2024 LiveLaw (Del) 469

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