Declaring Husband Dead During His Lifetime is Extreme Cruelty: Delhi High Court

The Delhi High Court has ruled that a wife acting as a widow while her husband is alive amounts to extreme cruelty. The bench of Justices Suresh Kumar Kait and Neena Bansal Krishna dismissed a woman’s appeal against a family court ruling that granted her husband a divorce. The court stated that a husband, especially one seriously injured, expects care and support, and his wife’s behavior was an act of cruelty.

Case Background

The couple got married in April 2009 and had a daughter in October 2011. However, the wife left her matrimonial home just before delivering the child.

The husband filed for divorce, claiming:

His wife showed no interest in their marriage.
She refused to do household chores, forcing his father to handle daily tasks.
She often quarreled with him and his family.
She stayed away from their home for long periods.

The wife denied these allegations, stating that her husband had encouraged her to visit her parental home and that she returned after just three days.

Husband’s Shocking Accusation

The husband recounted an incident from April 2011, when he suffered a slipped disc. Instead of caring for him, his wife:

Removed her vermillion (a symbol of marriage).
Broke her bangles.
Wore a white outfit, declaring herself a widow.

The High Court viewed this as the ultimate rejection of their marriage and a clear sign of her intent to end the relationship.

Court’s Observations

The court ruled that:

Such behavior is mental cruelty and justifies divorce.
The marriage had broken down completely, with no hope of reconciliation.
The long separation, false allegations, and police complaints further proved the relationship was beyond repair.
A marriage requires trust, love, and companionship, which were absent in this case.

Religious Beliefs and Cruelty

The bench clarified that:

Fasting or skipping rituals (like Karwa Chauth) is a personal choice and not cruelty.
Not following religious customs alone does not justify divorce.
However, in this case, the wife’s actions clearly showed disrespect for the husband and their marriage, reinforcing that she had no intention of continuing the relationship.

Court’s Final Decision

The court upheld the divorce, concluding that the wife’s actions were cruel and unacceptable. It ruled that a husband cannot be forced to stay in a dead marriage when his wife has clearly rejected the relationship.

Conclusion

This judgment emphasizes that extreme actions in a marriage—such as a wife declaring herself a widow while her husband is alive—can be considered mental cruelty under Indian law. It reinforces that a marriage without love, trust, and commitment cannot survive.

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