Delhi High Court Upholds Divorce on Grounds of Mental Cruelty
Persistent denial of marital intimacy and alienation of child cited as key factors in dissolution of marriage
In a significant decision, the Delhi High Court upheld a divorce decree granted by the Family Court, dissolving the marriage between Dhan Vati and Satish Kumar on grounds of mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The Division Bench, comprising Justices Anil Kshetarpal and Harish Vaidyanathan Shankar, affirmed the Family Court's judgment dated September 30, 2021, which had found the appellant-wife guilty of persistent denial of marital intimacy since 2008 and deliberate alienation of the minor child from the father.
The marriage, solemnized on March 3, 1990, had been fraught with allegations of cruelty, with the respondent-husband claiming prolonged refusal of conjugal relations and humiliation at the hands of his wife. The appellant had allegedly refused to cohabit as husband and wife post-2008, and further resorted to filing multiple criminal complaints against the respondent and his family after the divorce petition was filed in 2009.
The High Court noted that the appellant's refusal to engage in marital relations and her actions alienating the child from the father constituted mental cruelty, eroding the foundation of matrimonial life. The court emphasized the importance of cohabitation in marriage and recognized that denial of sexual relations and parental alienation are severe forms of cruelty, as established in prior judgments by the Supreme Court.
The appellant's defense, claiming that the complaints were genuine and not retaliatory, was dismissed as the court observed these FIRs were filed only after the divorce proceedings began, lending credence to the respondent's argument of them being counterblasts.
In addition to the denial of intimacy, the appellant's indifference towards the respondent's elderly parents was highlighted as another facet of cruelty, reflecting disregard for familial obligations.
The judgment serves as a reminder of the legal recognition of mental cruelty as a valid ground for divorce, reinforcing the notion that matrimonial duties extend beyond mere cohabitation to encompass emotional and familial responsibilities.
Bottom Line:
Persistent denial of marital intimacy, alienation of child, and disregard for familial obligations amount to cruelty within the meaning of Section 13(1)(ia) of the Hindu Marriage Act, 1955.
Statutory provision(s): Section 13(1)(ia) of the Hindu Marriage Act, 1955
Dhan Vati @ Dhanno v. Satish Kumar, (Delhi)(DB) : Law Finder Doc Id # 2782131
