Extreme Cruelty and Parental Alienation Recognized in Granting Divorce, Delhi High Court Condemns Involvement of Minor in Marital Disputes
The Delhi High Court recognized the act of involving a minor child in marital disputes and making unsubstantiated allegations of adultery as acts of extreme cruelty and a form of parental alienation, in a divorce case under Section 13 (1) (ia) of the Hindu Marriage Act, 1955.
Facts and Issues: Kanwal Kishore Girdhar filed a divorce petition against Seema Girdhar on grounds of cruelty, alleging several instances of harassment and involvement of their minor daughter in marital conflicts. The couple, married since 1998, faced ongoing marital discord, leading to several legal disputes and physical altercations. Seema Girdhar was accused of making false allegations, not contributing to household expenses, and involving their minor daughter in disputes.
Court Assessment:
Involvement of Minor Child: Justice Neena Bansal Krishna emphasized, “igniting animosity and hostility in the minor child… is not only an act of extreme cruelty to the father but also gross inhumanity to the child.” The court viewed this as a serious concern, referencing Kerala High Court case law on parental alienation.
Lack of Effort for Reconciliation: The court noted the non-reconciliatory attitude of the respondent and her refusal to engage in matrimonial reconciliation. The court observed that this contributed to the mental cruelty experienced by the appellant.
Allegations of Adultery: The court found the respondent’s unsubstantiated allegations of adultery against the appellant to be acts of mental cruelty. The involvement of their minor child in such allegations was particularly condemned.
Continued Separation: The court acknowledged the long separation since 2006, with no effective reconciliation attempts, further contributing to the conclusion of cruelty.
Decision: The court set aside the judgment dated 19.10.2018 and granted a decree of divorce in favor of the appellant, Kanwal Kishore Girdhar, under Section 13 (i) (ia) of the Hindu Marriage Act, 1955, on the grounds of cruelty.
Date of Decision: February 28, 2024
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