The Delhi High Court has upheld a divorce decree granted to a husband, observing that the wife’s actions — including physical violence, repeated unfounded allegations of adultery, and a series of harassing criminal complaints — amounted to extreme mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
A Division Bench of Justice Anil Khetarpal and Justice Harish Vaidyanathan Shankar dismissed the wife’s appeal against a 2022 Family Court order that had dissolved the marriage on grounds of cruelty.
Background:
The couple married in 1997 and have a son. Over time, their relationship soured, leading to multiple police complaints and legal disputes. The husband sought divorce in 2013, citing constant quarrels, suspicion, and a violent incident where the wife and her relatives allegedly assaulted him at his clinic in Muzaffarnagar. The wife, on the other hand, accused her husband of dowry demands, neglect, and infidelity, filing a 498A IPC case against him.
Court’s Findings:
The High Court noted that while matrimonial disputes often involve emotional strain, the wife’s conduct went far beyond ordinary discord. The judges took serious note of the 2013 assault, terming it “an act of violence that cannot be condoned.” They also highlighted her “consistent pattern of aggressive litigation” — a string of criminal complaints between 2012 and 2019 — and her unsubstantiated accusations of adultery, which the court found to be an attempt to malign the husband’s reputation.
Citing Supreme Court rulings in Vijaykumar Bhate and Raj Talreja, the Bench reiterated that false, reckless allegations and vindictive litigation amount to mental cruelty. The court further remarked that the marriage had effectively broken down beyond repair and continuing it would only “prolong the agony.”
Verdict:
The Bench concluded that the wife’s behavior caused “grave mental agony and humiliation,” making it impossible for the husband to continue the marriage. It upheld the Family Court’s decree, dismissing the wife’s appeal as devoid of merit.
In essence, the judgment underscores that when one partner’s repeated acts of hostility, false accusations, and legal harassment make cohabitation unbearable, such conduct constitutes extreme cruelty — justifying divorce under the Hindu Marriage Act.
