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by Admin
07 May 2024 2:49 AM
In a significant judgment, the Delhi High Court has overturned the decision of the Family Court and granted a decree of divorce on the grounds of cruelty, under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The court pronounced that false criminal accusations and a prolonged legal battle can amount to mental cruelty.
Legal Point: The pivotal legal point in this case centered on the interpretation of “cruelty” as a ground for divorce under the Hindu Marriage Act. The court emphasized that false criminal proceedings initiated by one spouse against the other constitute mental cruelty and are sufficient grounds for dissolution of marriage.
Facts and Issues: The appellant, Dharmender Singh Bisht, had appealed the dismissal of his divorce petition by the Family Court, which initially found no sufficient evidence of cruelty or dowry harassment by the respondent, Babita Bisht. The primary allegations involved false criminal accusations lodged by the respondent against the appellant, impacting his personal and professional life.
Evidence of Cruelty: The court noted the appellant’s acquittal in the criminal proceedings initiated by the respondent, highlighting the lack of substantiated claims against him. This was seen as indicative of the respondent’s intent to inflict mental agony on the appellant.
Impact of False Allegations: Observations by the court underscored the severe impact of false allegations on the appellant’s reputation and mental health. The prolonged criminal trial, spanning nearly two decades, was deemed an act of mental cruelty.
Irretrievable Breakdown: The court observed that the marriage was irretrievably broken, with no realistic prospect of reconciliation, further substantiating the need for divorce.
Departmental Inquiry: The appellant was subjected to a departmental inquiry due to complaints filed by the respondent, which eventually exonerated him. This reinforced the claim of mental cruelty due to false accusations.
Decision: The High Court reversed the Family Court’s judgment and granted a decree of divorce on the grounds of cruelty. It was held that the cumulative acts of the respondent, particularly the initiation of baseless criminal proceedings, amounted to mental cruelty against the appellant.
Date of Decision: May 3, 2024.
Dharmender Singh Bisht vs. Babita Bisht
