Delhi High Court Grants Divorce - Prolonged Separation and Mutual Cruelty”

On 19 October 2023, in a significant judgment, the Delhi High Court granted a divorce on the grounds of prolonged separation and mutual cruelty in the case of Rashmi Sharma vs. Deepak Sharma. The judgment, pronounced on October 19, 2023, sets a precedent for cases where matrimonial relationships have irretrievably broken down.

The Hon’ble Justice Suresh Kumar Kait and Justice Neena Bansal Krishna presided over the case. The divorce was granted under Section 13(1)(ia) of the Hindu Marriage Act, 1955, following a petition by the husband, Deepak Sharma, seeking the dissolution of his marriage to Rashmi Sharma.

The judgment noted that the couple had been living separately for more than a decade since 2012, and there was no possibility of reconciliation. It observed that “long separation and deprivation of conjugal relationship, with almost an impossible chance of reconciliation, is an extreme kind of cruelty.”

The Court also considered the conduct of both parties during their marriage. It took note of various incidents claimed by the husband, including allegations of cruelty and abusive behavior by the wife. However, the Court found that the appellant-wife had not been able to justify the grounds on which these complaints were made.

Furthermore, the judgment addressed an application filed by the wife seeking permanent maintenance under Section 25 of the Hindu Marriage Act, 1995, for the child born from their wedlock. The Court granted the appellant liberty to seek relief under the appropriate provisions of the law.

In a society where matrimonial disputes often become complex and emotionally charged, this judgment emphasizes the importance of evaluating each case on its peculiar facts and circumstances. It underscores the significance of mutual trust, compatibility, and congeniality in a marriage, and the consequences of unfounded allegations and prolonged separation.

Date of Decision: 19 October 2023

RASHMI SHARMA   vs DEEPAK SHARMA