“Insistence to Abandon Parents and Become ‘Ghar Jamai’ Amounts to Cruelty”: Delhi High Court Grants Divorce on Grounds of Cruelty and Desertion
In a significant judgment, the Delhi High Court has granted a divorce to a man on the grounds of cruelty and desertion, observing that the insistence of the wife’s family for the husband to abandon his parents and become a ‘Ghar Jamai’ amounts to cruelty.
The Bench comprising Justice Suresh Kumar Kait and Justice Neena Bansal Krishna delivered the decision on August 11, 2023, setting aside the impugned judgment dated 07.02.2019.
The appellant, Devender Govind Ram Ravin, had sought divorce under Section 13 (1) (ia) & 13 (1) (ib) of the Hindu Marriage Act on the grounds of cruelty and desertion. The couple had been married since 2001 but separated in 2002.
In the judgment, the Court observed, “It needs no reiteration that the bedrock of any matrimonial relationship is cohabitation and conjugal relationship. The very fact that the parties were able to live together barely for six months and since February, 2002, they have been living separately proves that the parties were unable to sustain their matrimonial relationship.”
The Court also noted the false complaints filed by the wife against the husband, stating that “the making of false complaint in itself is an act of cruelty.” The Court referred to several Supreme Court judgments, including Narendra vs K. Meena (2016) 9 SCC 455, which observed that asking a son to separate from his family amounts to cruelty.
Furthermore, the Court acknowledged the financial difficulties faced by the respondent and appreciated the voluntary payment of three months’ rent by learned Senior Counsel. Assurance was also given for the issuance of a BPL Card to the respondent within 15 days of application.
The judgment highlights the importance of cohabitation and conjugal relationship in a marriage and sets a precedent in recognizing the insistence to become a ‘Ghar Jamai’ as an act of cruelty. It also emphasizes the legal consequences of false complaints in matrimonial disputes.
Date of Decision: August 11, 2023
DEVENDER GOVIND RAM RAVIN vs REKHA
