"Delhi High Court Overturns Family Court's Divorce Ruling, Says 'Denial of Conjugal Relationship Ground Falsified on Account of Birth of a Girl Child'"

In a significant judgment, the Delhi High Court has reversed a Family Court's decision granting divorce on the grounds of "denial of conjugal relationship," declaring that this reasoning was "falsified on account of the birth of a girl child" to the couple involved.

The Delhi High Court bench relied on precedents such as the case of N.G. Dastane (Dr) v. S. Dastane and remarked, "Condonation means forgiveness of the matrimonial offence and the restoration of offending spouse to the same position as he or she occupied before the offence was committed." The court found that the evidence presented indicated the spouses maintained a normal sexual life despite claims of cruelty, thereby refuting the alleged denial of conjugal rights.

Highlighting inconsistencies in the respondent's allegations, the court stated, "He in his cross-examination has also admitted that they last had a physical relationship in 2006. The allegation of denial of conjugal relationship is vague."

Drawing on Article 142 of the Constitution, the Delhi High Court underscored that its power to mete out "complete justice" should be "based on the factual matrix in the particular case, evaluated on objective criteria and factors, without ignoring the objective of the statutory provisions."

The Court further noted that the respondent deserted the appellant and later tried to use the grounds of desertion against her, stating, "He cannot be permitted to walk out of the matrimonial alliance on the ground that the marriage has broken down."

 This judgment from the Delhi High Court not only nullifies the Family Court’s original ruling but also sets an important precedent, emphasizing the need for comprehensive evaluation before granting a divorce based on such grounds.

The Family Court has now been directed to reassess the case, keeping in mind the guidelines and observations laid down by the Delhi High Court in this judgment.

 Date of Decision: September 19, 2023

DEEPTI vs  ANIL KUMAR