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by Admin
07 May 2024 2:49 AM
In a significant judgment, the Delhi High Court on April 2, 2024, allowed an appeal for divorce, observing that prolonged separation and continuous legal disputes can constitute mental cruelty, thereby rendering the matrimonial bond irreparable.
The court granted divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, highlighting that mental cruelty can be a legitimate ground for dissolution of marriage. This judgment underscores the evolving understanding of cruelty in matrimonial relationships.
The appellant, Sh. Avneshwar Singh, filed an appeal against the Family Court's dismissal of his petition for divorce and his wife's petition for Restitution of Conjugal Rights. The High Court revisited allegations from both parties, including neglect, harassment, extramarital affairs, and threats, considering the impact of these accusations on their marriage.
Evidence & Counter Allegations: The court found the appellant's allegations, including threats with a knife and vulgar messages, unsupported by concrete evidence. Conversely, the respondent refuted cruelty claims and accused the appellant of harassment and extramarital affairs.
Impact of Litigation on Mental Cruelty: The Court recognized derogatory language by the respondent towards the appellant’s father and her complaints to the appellant’s employer as mental cruelty. The prolonged legal battles, spanning over a decade, were viewed as exacerbating the cruelty.
Legal Precedents Cited: The court referred to several cases, including Joydeep Majumdar Vs. Bharti Jaiswal Majumdar and Samar Ghosh Vs. Jaya Ghosh, to highlight how persistent legal disputes and defamatory allegations can constitute mental cruelty.
Decision: Granting of Divorce: The Delhi High Court, acknowledging the mental cruelty inflicted upon the appellant by the respondent, allowed the appeal and granted divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
Date of Decision: April 02, 2024.
XXXX Vs. XXX
