Delhi High Court: Husband’s Financial Instability Can Be Mental Cruelty, Divorce Granted to Wife
The Delhi High Court has ruled that if a husband is financially unstable, it can cause mental cruelty to his wife. This ruling came in a case where the wife was seeking divorce after years of marital problems and separation.
A division bench of Justices Suresh Kumar Kait and Neena Bansal Krishna made this observation while hearing an appeal against a family court decision that had earlier rejected the wife’s plea for divorce.
Case Background:
The couple got married in 1989 but started living separately from 1996. The wife, a graduate from Delhi University, was working with a multinational company. She was told that her husband was also educated and financially stable.
However, after marriage, she discovered that he was not a graduate, had no job, and his only source of income was his mother’s support. She also alleged that he was involved in gambling and would physically abuse her.
The woman said she got pregnant twice—once ending in a miscarriage and the other time in a stillbirth—and received no medical care or support.
Court’s Observation:
The court acknowledged that the woman could not provide strong evidence for physical abuse or dowry harassment, but found that the real issue was the husband’s financial instability.
The court stated:
“The husband’s failure to establish a stable job or business caused mental anxiety. Such instability, especially when paired with harmful habits, is enough to be considered mental cruelty.”
It added that the mental stress due to the financial gap between the spouses and lack of emotional and physical support also contributed to the breakdown of the marriage.
The court also noted that the couple had been living apart since November 1996, and there had been no reconciliation efforts for over 27 years. This long separation showed that the relationship had completely broken down.
Verdict:
Considering all these factors, the High Court granted divorce to the woman on the grounds of mental cruelty and desertion.
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