The Delhi High Court has granted a divorce to a man after finding that his wife, under her parents’ influence, inflicted cruelty upon him. This decision was made in response to the husband’s appeal against a family court’s earlier denial of his divorce request.
The High Court observed that the couple had been living apart for about 13 years. During this time, the husband experienced a lack of conjugal relations and faced several complaints, which were deemed acts of cruelty.
Justice Suresh Kumar Kait, leading the bench, noted substantial evidence of “unwarranted interference” by the wife’s parents and family, which caused significant distress to the husband. The court found that the wife’s failure to separate from her parents’ influence and establish a marital relationship was mental cruelty.
The court highlighted that marriage requires both cohabitation and conjugal relations. The continued lack of these elements and the wife’s refusal to resume their relationship were considered extreme cruelty.
The court also condemned the filing of false complaints and the resulting legal troubles as mental cruelty. The lengthy separation and the absence of efforts to reconcile indicated that the marriage could not be salvaged.
“The evidence shows no chance of reconciliation, with prolonged separation marked by false allegations and criminal trials. Such circumstances represent mental cruelty and a complete breakdown of trust and affection,” the court stated.
As a result, the Delhi High Court overturned the previous family court ruling and granted the divorce under Section 13(i)(ia) of the Hindu Marriage Act, 1955. The appeal was allowed, and the marriage was officially dissolved.
Case Title: Nikhil Wadhwan v. Priti Wadhawan
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