Cruelty - Public humiliation, repeated police complaints, and alienation of the minor child from paternal family, established.

Delhi High Court Upholds Divorce Decree in Pasricha Case, Affirms Cruelty Grounds. Marriage dissolved due to acts of mental cruelty, with wife's repeated police complaints and alienation of child cited as key factors

News Report: In a significant ruling, the Delhi High Court has upheld the Family Court's decision to dissolve the marriage between Puja Pasricha and Aishwarya Pasricha on the grounds of cruelty. The bench, comprising Justices Anil Kshetarpal and Harish Vaidyanathan Shankar, dismissed the appeal filed by Puja Pasricha, affirming the earlier judgment passed on January 21, 2023, by the learned Principal Judge, Family Court, Delhi.

The case stemmed from persistent matrimonial discord between the appellant-wife and the respondent-husband, with allegations of cruelty forming the crux of the dispute. The respondent-husband alleged that the appellant-wife's conduct, including public humiliation, repeated police complaints, and alienation of their minor son from the paternal family, constituted mental cruelty, making cohabitation intolerable.

The judgment meticulously dissected the evidence presented by both parties, highlighting the respondent's consistent and corroborated testimony regarding the appellant's acts of cruelty. Despite multiple opportunities afforded by the Family Court, the appellant failed to produce sufficient evidence to substantiate her counter-allegations of harassment by her mother-in-law and sister-in-law.

Central to the court's decision was the appellant's repeated threats and filing of police complaints against the respondent and his family members, which were deemed acts of intimidation contributing to an environment of fear and hostility. The judgment noted that such actions, along with the appellant's unilateral decisions disregarding family customs, amounted to "immeasurable mental agony and torture," thus satisfying the criteria for cruelty under the Hindu Marriage Act.

The court also addressed procedural aspects, rejecting the appellant's claim of being denied a fair opportunity to present her case. The bench observed that the appellant had been granted numerous chances to lead evidence, but her repeated defaults and failure to utilize these opportunities justified the Family Court's decision to close her evidence.

In affirming the divorce decree, the Delhi High Court underscored the importance of timely adjudication in matrimonial disputes, emphasizing that prolonged litigation can exacerbate bitterness and emotional fragmentation. The court's ruling serves as a reminder of the judiciary's role in balancing sensitivity with firmness against dilatory tactics, ensuring that justice is neither delayed nor denied.

Bottom Line:

Dissolution of marriage on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955 - Persistent acts of mental cruelty, including public humiliation, repeated police complaints, and alienation of the minor child from paternal family, established.

Statutory provision(s): Hindu Marriage Act, 1955 Section 13(1)(ia), Section 9; Family Courts Act, 1984

Puja Pasricha v. Aishwarya Pasricha, (Delhi)(DB) : Law Finder Doc Id # 2780063