Delhi High Court: Husband’s Agony as Wife Acts as Widow During His Lifetime
The Delhi High Court has observed that there is nothing more distressing for a husband than to witness his wife act as a widow during his lifetime, especially when he is seriously injured and needs her care and support. This behavior, the court said, amounts to extreme cruelty.
A bench of Justices Suresh Kumar Kait and Neena Bansal Krishna gave this ruling while rejecting an appeal from a woman challenging a family court’s decision to grant her husband a divorce. The court noted that her actions showed cruelty toward her husband.
The High Court emphasized that the evidence demonstrated no possibility of reconciliation between the couple. Their long separation, worsened by false accusations, police reports, and legal trials, led to a complete breakdown of their relationship.
“Their marriage has lost all trust, understanding, love, and affection. It has become strained with conflicts, irreconcilable differences, and prolonged litigation. Forcing this relationship to continue would only cause more harm to both parties,” the bench said.
The court also underlined the importance of cohabitation and a conjugal relationship as the foundation of any marriage.
The couple married in April 2009 and had a daughter in October 2011. However, the wife left her matrimonial home just before the birth of their child.
The husband filed for divorce, claiming his wife showed no interest in fulfilling her matrimonial duties. He alleged that she refused to do household chores, forcing his father to take over daily tasks such as cooking.
The wife denied these accusations, stating that her husband encouraged her to visit her parental home, from which she returned within three days. She also rejected claims that she stayed away for 147 days.
The husband also mentioned that his wife would often get angry over small matters and argue with his family.
In one incident in April 2011, when the husband suffered a slipped disc, instead of caring for him, his wife removed her vermillion, broke her bangles, and dressed in white, declaring herself a widow. The court described this as the ultimate act of rejecting the marriage.
The bench clarified that choosing not to fast on religious occasions like “karwachauth” is a personal decision and cannot be termed as cruelty. It also mentioned that holding different religious beliefs or not participating in rituals doesn’t necessarily break a marital bond.
However, in this case, the wife’s refusal to follow certain Hindu rituals, coupled with her other actions, demonstrated her lack of respect for the husband and their relationship. This, the court concluded, showed that the wife had no intention of continuing the marriage.
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