Delhi High Court Upholds Divorce Granted in Wife’s Favor, Emphasizes Importance of Marital Harmony
The Delhi High Court recently upheld a Family Court decision granting divorce in favor of a wife, emphasizing the importance of both spouses in maintaining a family. The division bench, including Acting Chief Justice Vipin Sanghi and Justice Jasmeet Singh, addressed an appeal by the husband to overturn the earlier ruling.
The marriage between the husband and wife took place on May 22, 1997. Despite being married for nearly 24 years, they have spent little time together. They separated on April 13, 2010, and have not lived together since. The relationship deteriorated, with the wife experiencing repeated harassment from the husband, making reconciliation impossible.
The court stated, “We are of the view that the respondent has well established the ground of mental cruelty by the appellant, in light of Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511.”
The husband’s counsel requested to modify the divorce decree dated August 10, 2021, to a mutual consent divorce under Section 13B of the Hindu Marriage Act. However, the wife did not agree to this, and the court could not grant a mutual consent divorce.
The court also noted the husband’s failure to comply with various court orders regarding maintenance payments, choosing instead to engage in frivolous litigation. His actions placed the entire burden of managing the household, her job, and caring for the children on the wife. He continuously abused and insulted her and her family members.
“The appellant even disrespected her father, doubted the respondent’s character, demanded money for divorce, and failed to discharge his duties as a husband and father,” the court observed. Despite court orders, the husband falsified his earnings and failed to pay maintenance for his daughters. The court found prima facie evidence of domestic violence, and the learned MM granted interim relief to the respondent.
As a result, the appeal was dismissed.
Case Title: Husband & Wife Two Pillars Of Family, Whole House Crashes Down If One Gets Weak: Delhi High Court Upholds Divorce Granted In Wife’s Favour
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