Divorce : Persistent verbal abuse, derogatory messages, and conduct causing mental agony constitute cruelty

Delhi High Court Upholds Divorce on Grounds of Cruelty; Denies Alimony to Financially Independent Wife. Court Affirms Mental Cruelty in Marriage; Rejects Alimony Citing Wife’s Financial Independence as Senior Government Officer

In a significant judgment, the Delhi High Court has upheld the dissolution of marriage between Rita Raj and Pabitra Roy Chaudhuri, citing persistent cruelty by the wife, and denied her claim for permanent alimony due to her financial self-sufficiency. The bench, comprising Justices Anil Kshetarpal and Harish Vaidyanathan Shankar, delivered the verdict based on the provisions of the Hindu Marriage Act, 1955, specifically under Section 13(1)(ia), which allows divorce on the grounds of cruelty.

The court examined a series of derogatory messages and abusive conduct by the appellant-wife, Rita Raj, directed at her husband, Pabitra Roy Chaudhuri, and his family. The messages, described as vile and scandalous, questioned the legitimacy of the respondent and made derogatory remarks about his mother, which the court found to constitute severe mental cruelty.

The judgment highlighted specific incidents, including physical violence and social isolation, as part of a consistent pattern of hostility and abuse. The court noted that the appellant's claims of reconciliation attempts and allegations against the husband were not substantiated with credible evidence.

The court also addressed the appellant's plea for permanent alimony, which was rejected based on her financial independence and substantial income as a senior government officer. The judgment emphasized that alimony should not serve as a tool for enrichment where the applicant is financially self-sufficient.

The court further noted the irretrievable breakdown of the marriage, with the couple having lived separately for over a decade, and concluded that there was no genuine intent from the appellant to restore matrimonial harmony.

The judgment also upheld the Family Court's discretion to admit electronic evidence, supported by the necessary certification under the Evidence Act, 1872, dismissing the appellant's contention of procedural impropriety.

This decision reflects a significant interpretation of the provisions related to cruelty and alimony under the Hindu Marriage Act, reinforcing the principle that financial independence negates the need for permanent alimony when the applicant is self-sufficient.

Bottom Line:

Dissolution of marriage on the ground of cruelty upheld. Persistent verbal abuse, derogatory messages, and conduct causing mental agony constitute cruelty. Claim for permanent alimony rejected due to the financial independence and self-sufficiency of the appellant-wife.

Statutory provision(s): Hindu Marriage Act, 1955 Section 13(1)(ia), Hindu Marriage Act, 1955 Section 25, Family Courts Act, 1984 Section 14, Indian Evidence Act, 1872 Section 65B

Rita Raj v. Pabitra Roy Chaudhuri, (Delhi)(DB) : Law Finder Doc Id # 2796323