Wife’s Cruelty Towards Husband Confirmed as Grounds for Divorce: Delhi High Court
The Delhi High Court recently ruled that a wife’s extreme behavior, such as acting as a widow while her husband was still alive, amounts to mental cruelty. The court upheld the family court’s decision to grant the husband a divorce, noting that this conduct caused significant emotional pain.
A bench of Justices Suresh Kumar Kait and Neena Bansal Krishna stated, “There is nothing more distressing for a husband than to see his wife behave as a widow while he is still alive. In a situation where he was seriously injured, her lack of care and compassion is an undeniable act of extreme cruelty.”
The court delivered this judgment after rejecting the woman’s appeal against the family court’s ruling, which had granted her husband’s divorce petition.
The bench further concluded that the long-standing separation, paired with false accusations, police complaints, and criminal trials, had caused severe mental strain, making reconciliation impossible. The court noted that the relationship had deteriorated to the point of no return, with no love, trust, or understanding left between the two parties.
“This dead relationship is filled with acrimony, irreconcilable differences, and prolonged legal battles. Any insistence on continuing this marriage would only perpetuate further cruelty for both sides,” the bench added.
The couple got married in April 2009 and had a daughter in October 2011. However, the woman left her matrimonial home shortly before giving birth. The husband filed for divorce, claiming that his wife had been indifferent toward him from the start of their marriage and had shown no interest in fulfilling her matrimonial duties.
He alleged that his wife refused to do household chores, forcing his elderly father to handle tasks like cooking. The woman denied these claims, saying her husband encouraged her to visit her parental home, from which she returned after three days. She also rejected the claim that she had stayed away from their home for 147 days.
The husband stated that his wife would become irritated over minor issues and often quarreled with his family. He described an incident in April 2011 when he suffered a slipped disc. Instead of taking care of him, his wife removed her vermilion, broke her bangles, wore a white suit, and declared herself a widow. The High Court described this as an ultimate act of rejection, symbolizing her intention to end the marriage.
The court emphasized that although observing religious rituals like karwachauth is a personal choice, the wife’s conduct in this case, coupled with her refusal to follow these rituals, highlighted her lack of respect for the marital relationship. The court further clarified that religious differences or not participating in rituals would not usually amount to cruelty, but in this context, it reinforced the husband’s claim of mental cruelty.
The court ultimately concluded that the wife had no desire to continue the marriage, upholding the family court’s decision to grant divorce to the husband.
Case Title: XYZ v. ABC
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