Repeated Use Of Derogatory, Humiliating Words By Wife Against Husband, His Family Amounts To Cruelty: Delhi High Court Upholds Dissolution Of Marriage

While upholding dissolution of a couple’s marriage on the ground of cruelty, the Delhi High Court has observed that repeated use of derogatory and humiliating words by the wife against husband and his family amounts to cruelty.

The court said every person is entitled to live with dignity and honour, and no one can be expected to live with constant abuse being hurled upon him.

A division bench of Justice Sanjeev Sachdeva and Justice Vikas Mahajan upheld the findings of the family court which observed that the husband was treated with cruelty by the wife and that she used to abuse him and his parents in filthy language.

The bench dismissed the wife’s appeal challenging the order passed by the family court which passed a decree of divorce by allowing the husband’s petition under section 13(1) (i-a) of the Hindu Marriage Act, 1956 seeking dissolution of marriage on the ground of cruelty.

“In the present case, the conduct of the appellant-wife which has been proved on record is of such quality, magnitude and impact as would have caused mental agony, pain, anger and suffering to the respondent-husband on a regular and continuous basis and thus clearly amounting to cruelty,” it said.

The court was satisfied that cruelty, which was proved on record, was sufficient and constituted cruelty as required under section 13(1)(i-a) of the Hindu Marriage Act.

“Consequently, we find no infirmity in the judgment allowing the petition and granting divorce on the ground of cruelty. We, accordingly, find no merit in the appeal. The appeal is consequently, dismissed,” it said.

The court reproduced the words attributed to the wife:

“ - I am a superintendent in education department, your family is not upto our standard.

- 2 kodi ka policewala h tera baap, mera kuch nahi bigad sakta, ministry tak pahuch hai mere papa ki.

- main itna kharch nahi karti jitna teri dawao pe kharch hota hai.

- dikhayi nahi deta baat kar rahi hu, saans ki bimari hai lakwa nahi hai jo khud nahi le sakte dawai.”

It observed that, "repeated use of words of the nature as extracted herein hereinabove are clearly humiliating and would certainly amount to cruelty."

"The contention of learned counsel for the appellant that specific dates and time is not mentioned, in the facts and circumstances of the case, would lose its significance for the reason that the respondent-husband has in his evidence specifically stated that whenever a quarrel would take place the appellant-wife would use those words against him and his family, which implies that the said words have been used repeatedly over the period when they were together," said the court.

The court said no rebuttal of cross-examination or even an attempt to disprove the said imputations shows that the same have been duly proved and established.

Title: DB v. RB

Citation: 2023 LiveLaw (Del) 153