“Husband and Wife Are Family Pillars; House Falls If One Weakens”: Delhi High Court Upholds Divorce in Wife’s Favor
The Delhi High Court recently upheld a Family Court’s decision to grant divorce to a wife on the grounds of mental cruelty inflicted by her husband. The division bench, led by Acting Chief Justice Vipin Sanghi and Justice Jasmeet Singh, dismissed the husband’s appeal seeking to overturn the earlier judgment made under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
Case Background
The marriage, solemnized on May 22, 1997, lasted over 24 years, but the couple spent little time together as husband and wife. They separated on April 13, 2010, and have lived apart since. The respondent-wife alleged repeated harassment by the appellant-husband, which caused irreparable damage to their marital bond.
Court’s Observations
The court concluded that the wife had successfully proven mental cruelty by the husband, referring to the precedent set in Samar Ghosh v. Jaya Ghosh (2007). The court noted:
- The husband consistently failed to comply with maintenance orders issued by the Supreme Court, the High Court, and the Family Court.
- He indulged in frivolous litigation instead of fulfilling his financial responsibilities towards his wife and children.
- The husband placed the burden of household management and childcare solely on the wife while abusing and disrespecting her and her family.
- Allegations of domestic violence against the husband were supported by prima facie evidence.
Mutual Consent Denied
The husband’s counsel requested the court to modify the divorce decree to one by mutual consent under Section 13B of the Hindu Marriage Act. However, the wife did not agree to this, and the court emphasized that mutual consent cannot be imposed.
Final Verdict
The High Court dismissed the appeal, highlighting the husband’s conduct, which demonstrated a lack of responsibility and respect for both his wife and legal obligations.
This case reinforces the court’s stance on the importance of mutual respect and shared responsibility in marriage, and the repercussions of failing to uphold these values.
Case Title: Rashi Gupta vs Gaurav Gupta
Case No.: CRR No. 3519/2018
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