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by Admin
07 May 2024 2:49 AM
In a significant judgment, the High Court of Delhi has granted a decree of divorce to Sandeep Singh, the appellant, under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The Court found that the respondent, Jagwanti @ Nidhi, had subjected the appellant to cruelty by making false allegations of dowry demand and domestic violence.
The pivotal legal point addressed in this judgment was the interpretation of ‘cruelty’ under the Hindu Marriage Act, 1955. The Court observed that cruelty in a matrimonial relationship could be mental or physical, and false allegations causing mental agony can constitute mental cruelty.
The marriage between Sandeep Singh and Jagwanti was solemnized in January 2004. Following the marriage, a series of incidents involving allegations of dowry demand, desertion, and domestic violence emerged, leading to criminal trials. The appellant, aggrieved by these circumstances, sought divorce on the grounds of cruelty and desertion.
The Court, referring to various Supreme Court judgments, highlighted that mental cruelty is established when the conduct of one spouse inflicts such mental pain on the other, making it impossible for them to live together. The Court found the respondent’s conduct, including her false allegations leading to criminal trials, constituted such mental cruelty.
The Court also addressed the issue of desertion. It noted that the respondent’s prolonged and frequent absences from the matrimonial home, without efforts to return, constituted desertion.
In distinguishing between criminal and civil standards of proof, the Court clarified that acquittal in criminal proceedings does not automatically negate cruelty in matrimonial disputes, as the standards of proof differ.
The High Court set aside the judgment of the Family Court and granted a decree of divorce to the appellant, acknowledging the mental cruelty inflicted upon him through false allegations and subsequent criminal proceedings.
Date of Decision: February 28, 2024
“SANDEEP SINGH vs. JAGWANTI @ NIDHI”
