Delhi High Court: Wife Acting as Widow While Husband Alive Is Extreme Cruelty
The Delhi High Court has observed that a wife pretending to be a widow during her husband’s lifetime, especially when he was seriously ill, amounts to extreme mental cruelty. The court made this remark while dismissing the wife’s appeal against a divorce granted in favor of her husband by a family court.
A bench of Justices Suresh Kumar Kait and Neena Bansal Krishna said:
“Nothing can be more distressing for a husband than seeing his wife behave like a widow while he is still alive. This kind of behavior clearly reflects an act of extreme cruelty.”
Marriage and Divorce Petition
The couple got married in April 2009 and had a daughter in October 2011. A few days before the child’s birth, the wife left the matrimonial home.
The husband filed for divorce, alleging that his wife had been emotionally distant and neglected her marital responsibilities from the beginning. He claimed that she refused to do household work, forcing his elderly father to manage cooking and other chores.
He also said that she frequently fought with his family and became angry over small matters.
Incident That Shocked the Court
One of the key incidents noted by the court occurred in April 2011, when the husband suffered a slipped disc. Instead of caring for him, the wife reportedly removed her vermillion, broke her bangles, and wore a white suit, essentially declaring herself a widow.
The High Court described this as:
“An ultimate rejection of the matrimonial bond, showing her clear intent to end the relationship.”
Wife’s Defense Rejected
The wife denied the claims and stated that she only left for her parents’ home on her husband’s suggestion and returned after three days. She also denied staying away for 147 days and refuted all claims of cruelty.
However, the court found no credibility in her defense, especially when weighed against the evidence presented by the husband.
Court’s Conclusion
The bench stated that the foundation of marriage is cohabitation and mutual respect, and in this case, both were absent. The court further noted:
“This marriage has turned into a dead relationship filled with distrust, false allegations, police complaints, and legal battles.”
While the court clarified that not participating in religious practices like Karwa Chauth fasting or other Hindu rituals alone does not amount to cruelty, it added that:
“When such behavior is combined with rejecting symbolic practices like wearing vermillion or bangles, it reflects disrespect for the husband and marriage.”
The court concluded that the wife had no intention of continuing the marriage, and any attempt to force the relationship would cause further harm to both parties.
The wife’s appeal was dismissed, and the family court’s divorce decree was upheld.
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