Bail Applicant Under Mandatory Obligation To Disclose Criminal Antecedents, Non-Disclosure Results In Erroneous Decisions: Andhra Pradesh High Court Judicial Decrees Cannot Be Set Aside By Administrative Orders After Decades; Long-Standing Revenue Entries Must Be Protected: Allahabad High Court 'Any Use Whatsoever' Includes Promotion & Events: Bombay High Court Restrains New Indian Express Group From Hosting Commercial Events Outside Southern States Reserved Category Candidates Who Qualify On Their Own Seniority Must Be Adjusted Against Unreserved Vacancies: Calcutta High Court Decree For Possession Can Be Passed If Landlord-Tenant Relationship & Termination Are Admitted; Unregistered Lease Is Month-To-Month: Delhi High Court Prosecution Against Co-Accused Not Sustainable When Main Accused Is Discharged On Same Facts: Jharkhand High Court Admission Of Handwriting On Account Statement Is Not Admission Of Its Contents; Corroborative Evidence Necessary To Prove Claim: Gujarat High Court Omission Of Label Defects In Food Inspector's Spot Memo Fatal To Prosecution For Misbranding: Himachal Pradesh High Court RBI Must Consult State Government, Not Just Registrar, To Supersede Co-operative Bank Board; Principles Of Natural Justice Excluded Under Section 36AAA: Kerala High Court Suit Filed Before IBC Proceedings Cannot Be Dismissed Under Order VII Rule 11 CPC; Section 96 Moratorium Only Stays Pending Actions: Calcutta High Court Senior Citizens Not Technologically Savvy Cannot Be Penalized For Not Checking Case Status On Court Website: Tripura High Court Telangana High Court Quashes Case Against CM Revanth Reddy Over 2019 Election Roadshow, Cites Bar Under Section 195 CrPC Maintenance Tribunal Orders Passed Without Mandated Three-Member Coram Are A Nullity: Punjab & Haryana High Court School Register Entry Regarding Date Of Birth Lacks Probative Value Unless Source Of Information Is Proved: Madhya Pradesh High Court Sets Aside POCSO Conviction Limitation Period For Specific Performance Starts From Date Of Refusal If No Fixed Date Stipulated In Agreement: Karnataka High Court Pensionary Benefits Not ‘Pecuniary Advantage’, Cannot Be Deducted From Income For Motor Accident Compensation: Punjab & Haryana High Court Will | Disinheriting Caring Spouse In Favour Of Non-Relatives Is An ‘Unnatural Disposition’ Raising Grave Suspicion: Supreme Court Registration Does Not Automatically Validate Will If Process Is Shrouded In Suspicion; Testator's Illiteracy Increases Burden On Propounder: Supreme Court Propounder Faces Heavy Burden Of Proof When Testator Is Illiterate; Registration Does Not Cure Unexplained Suspicious Circumstances: Supreme Court

Making False Allegations of Dowry demands and Domestic Violence is Mental cruelty: High Court of Delhi Grants Divorce

07 May 2024 8:19 AM

By: Admin


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”

Latest Legal News