Delhi High Court Upholds Divorce on Grounds of Cruelty by Wife
The Delhi High Court has upheld a divorce based on the grounds of cruelty, stating that the constant use of derogatory and humiliating remarks by a wife towards her husband and his family amounts to cruelty.
The court was reviewing an appeal by the wife challenging a family court’s decision that granted the husband’s petition for divorce under Section 13(1)(i-a) of the Hindu Marriage Act. The family court had issued a divorce decree in favor of the husband.
A Bench of Justices Sanjeev Sachdeva and Vikas Mahajan observed, “Repeated use of derogatory and humiliating words, as mentioned in the case, clearly constitutes cruelty. No person can be expected to live with constant abuse being hurled upon them.”
In her appeal, the wife argued that her husband was having an extra-marital affair with a co-worker. However, the husband had detailed specific instances of taunts and abusive language used by the wife and her father against him and his family.
The court emphasized, “Every person is entitled to live with dignity and honor. The use of such derogatory and humiliating words is extremely damaging and amounts to cruelty.”
The court found that the wife’s conduct, proven on record, caused mental agony, pain, anger, and suffering to the husband on a continuous basis, which clearly constituted cruelty.
The wife’s argument that specific dates and times of cruelty were not mentioned in the family court’s plea was also rejected. The court noted that the husband had testified that the wife repeatedly used abusive language whenever they quarreled, indicating a pattern of cruelty over their time together.
The court, therefore, dismissed the wife’s appeal and upheld the divorce.
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