Bullets of Unjustified Accusations Lead to Fatal Wounds in Matrimony: Delhi High Court Grants Divorce on Grounds of Cruelty

In a significant judgment, the Delhi High Court, led by Justices Suresh Kumar Kait and Neena Bansal Krishna, has granted divorce to Major Shashi Chauhan on the grounds of cruelty, under Section 13(1)(i-a) of the Hindu Marriage Act, 1955. This decision, pronounced on March 6, 2024, sets aside the previous judgment of the Family Court, which had dismissed Major Chauhan's divorce petition.

The Court assessed the case under the purview of mental cruelty as a valid ground for divorce. The bench emphasized, "Vindictiveness, vexation, and intolerance are the foes of coherent comprehension," underscoring the role of unjustified accusations in inflicting mental cruelty.

Major Shashi Chauhan and Major Ritu Bhasin, both serving in the Indian Army, had a prolonged courtship before marrying in February 2010. Soon, differences surfaced, primarily concerning dowry expectations and behavioral issues. The marriage saw a brief period of cohabitation, followed by prolonged separation and a slew of legal battles. Major Chauhan filed for divorce on grounds of cruelty, which was initially dismissed by the Family Court.

The High Court meticulously analyzed the couple's matrimonial life, allegations of cruelty, and subsequent legal proceedings. It noted that Major Bhasin failed to substantiate her allegations of cruelty and dowry harassment, instead resorting to filing multiple complaints against Major Chauhan, which either got dismissed or led to acquittal. These actions were seen as indicative of vindictiveness and mental cruelty. The Court also highlighted the long separation and lack of efforts for reconciliation, exacerbating the matrimonial discord.

Justice Neena Bansal Krishna observed, “The aggrieved person is entitled to avail the remedy under laws, but crossing the point of ‘no return’ becomes inevitable once engulfed in the rabbit hole of criminal litigations.”

Decision: Concluding that the marriage was beyond salvage, marred by irreconcilable differences, and continued legal disputes, the Court granted a decree of divorce to Major Chauhan, thereby dissolving the marriage.

Date of Decision: 06th March, 2024

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