Introduction
Under the Hindu laws, cruelty is a ground of divorce for a wife or a husband, either of them can seek a divorce on this ground. Under Section 13(1)(iA) of Hindu Marriage Act, 1955 (Act), a petition can be filed by either the husband or the wife for seeking divorce on the ground of cruelty.
Meaning of cruelty
The Act does not define the term ‘cruelty’. However, in simple words it could be explained as an act of physical violence or mental torture by one spouse to another. The physical violence includes injury to body, limb or health or causing reasonable apprehension of the same. The mental torture comprising behavioural acts, taunting or teasing, forcing wife to quit job, etc. As discussed above, both husband and wife could be subject to cruelty and file for divorce.
X v. Y: Delhi High Court
Brief facts of the case
The facts of the instant case are that ‘X and Y’ got married in 1992. In 2017, ‘X’ the husband filed a divorce petition before the Family Court after differences arose between them. In 2022, the divorce petition was dismissed by the Family Court which prompted the husband to challenge the said order before the Delhi High Court.
The husband contended before the Court that ‘Y’ the wife’s behaviour was erratic, and he was subjected to cruelty by her repeatedly, also he averred that the wife left him at six different occasions without any valid reason or without any fault of his.
The husband further highlighted a shocking incidence before the High Court wherein his wife considered him dead as a husband and tied a rakhi on his hand considering that he was her brother and not her husband anymore.
The contentions of separation were not contested by the wife, however, she alleged that her husband was cold and his family was humiliating and hence, this was the reason of her leaving him on several occasions. She also stated that her husband used to drop her to parents place. She strongly averred that she was being humiliated by her mother-in-law when she was staying at her matrimonial home.
Observations of the High Court
Based on the material on record, the Court was convinced with the fact that ‘Y’ was dissatisfied with her mother-in-law’s behaviour. This led her to feel suffocated, lack of space, controlled by her in-laws in her matrimonial home. However, the High Court made an important observation that the narration of various occasions by the wife had no reference of any wrongdoing by the husband which made her leave him.
The High Court also being dissatisfied with the decision of the Family Court stated that the decision was based on a short-sighted view wherein the cruelty towards the husband was completely ignored. As the wife was leaving the husband on multiple occasion without any fault of him.
Decision of the High Court
The High Court held that if a wife leaves the matrimonial home or she leaves her husband repeatedly, without any due cause or any fault on the part of the husband, then this act of woman would constitute an act of mental cruelty and the husband. Based on the said observations, the division-bench of Justices Suresh Kumar Kait and Neena Bansal Krishna granted divorce to a husband on the ground of mental cruelty and desertion by his estranged wife.
The bench emphasised in its decision that ‘Y’ the wife, was leaving her matrimonial home, repeatedly without any due cause or without there being any fault of ‘X’ the husband. Hence, the act of ‘Y’ amounts to mental cruelty to ‘X’ her husband without any reason or justification.
The High Court has made very significant observation pertaining to marriage and commitments related to it, wherein it stated that “Repeated acts of separation, akin to a relentless storm, only uproot this foundation, scattering seeds of discord that threaten the sanctity of the union. Amidst the tempest of distance and abandonment, this bond breaks beyond repair, leaving behind irreparable scars on the landscape of trust and commitment’’.
The Court granted divorce to the husband by noting that no serious efforts were made by the wife to return to the matrimonial home. That the husband made efforts through his family friends and relatives to reconcile which did not succeed. Hence, based on the said observation the High Court concluded that the wife had deserted her husband without any due or reasonable cause.
Conclusion
The High Court has passed a very good order in this case, wherein the Court analysed all the factors while granting divorce to the husband. The Court took into consideration that the wife left the matrimonial home multiple times without any due cause and without any fault of her husband, which amounts to cruelty by deserting him. That she also did not put any efforts to reconcile with her husband and deserted him without any reasons. Considering this, the High Court rightly granted divorce to the husband on the ground of cruelty.
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