“Matrimonial bonds… a silent destroyer” – Delhi High Court Upholds Refusal of Divorce Citing Husband’s Extramarital Affair as Cruelty

The High Court of Delhi, in a significant judgement, has dismissed an appeal filed by a husband against the refusal of divorce, underlining the sanctity of matrimonial bonds and the impact of extramarital affairs on them. The Bench comprising Hon’ble Mr. Justice Suresh Kumar Kait and Hon’ble Ms. Justice Neena Bansal Krishna observed, “Marital bonds are delicate emotional human relationships and involvement of any third person could result in complete collapse of trust, faith, and tranquillity.”

Legal Point of the Judgment: The court dealt with the appeal under Order 41 Rule 1 of the Civil Procedure Code, 1908, against the judgment denying divorce on grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The pivotal legal point was whether the husband’s extramarital affair constituted cruelty towards his wife, thus impacting the divorce petition.

Facts and Issues: The appellant (husband) filed for divorce, alleging disrespectful behavior, physical assault, and financial exploitation by his wife. In contrast, the respondent (wife) accused the husband of having an extramarital relationship with a colleague, causing marital discord. The key issue was whether the husband’s relationship outside his marriage constituted cruelty towards the wife, sufficient to deny the divorce.

Court’s Assessment and Decision: Justice Neena Bansal Krishna, in the judgment, thoroughly analyzed the evidence, which included complaints and representations from the colleague’s father, indicating the husband’s extramarital involvement. The court observed that the husband’s actions shattered the marital bond and equated his extramarital relationship to acts of cruelty towards his wife. Notably, the court asserted that an acquittal in a related criminal case does not absolve the husband of cruelty in the matrimonial context.The court held that granting a divorce In this case would effectively reward the husband for his wrongful conduct, which is against the principles of the Hindu Marriage Act. The court emphasized that one cannot benefit from their own wrongdoing, applying Section 23(1)(a) of the Act.

Conclusion: The appeal was dismissed, and the decision of the lower court denying divorce on the ground of cruelty was upheld.

Date of Decision: March 1, 2024

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