In a recent legal victory, the High Court of Delhi has dissolved a marriage based on allegations of cruelty towards the husband.
The case saw the appellant-husband, Mr. Gautam Rawal, seeking divorce from his wife, Ms. Garima Rawal, under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
The judgment, pronounced on March 19, 2024, by Justice Suresh Kumar Kait and Justice Neena Bansal Krishna, highlighted the tumultuous relationship between the spouses. The court meticulously examined the evidence and testimonies presented before it, ultimately ruling in favor of the husband.
According to the court documents, the appellant-husband alleged that his marriage had been strained from the beginning due to the respondent-wife’s indifference and disrespect towards him and his family. He cited instances of the wife’s frequent visits to her maternal home, leaving him and their child alone for extended periods.
In the judgment, Justice Suresh Kumar Kait remarked, “When a wife indulges herself in household chores, she does it out of affection and love for her family. However, in this case, it is admitted by her that a maid servant was already hired, indicating that she was not forced”
The court found that the wife’s claims of being mistreated were contradicted by her own admissions during cross-examination. Moreover, the court highlighted the serious nature of the wife’s allegations against the husband, including accusations of infidelity.
Justice Suresh Kumar Kait cited previous legal precedents, stating, and “Such kind of allegations which assassinate the character of the spouse amounts to the highest level of cruelty, which no doubt shall shake the foundation of their marriage.”
The judgment emphasized the wife’s actions, which were deemed as damaging to the husband’s reputation and mental well-being. The court noted that the wife’s attempts to reconcile were overshadowed by her simultaneous pursuit of legal action against the husband and his family. In conclusion, the court allowed the appeal and dissolved the marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
Case No.: MAT.APP.(F.C.) 4/2023
Bench: Justice Suresh Kumar Kait and Justice Neena Bansal Krishna
Order date 19.03.2024
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