Delhi High Court Upholds Divorce of Senior Railway Officer and Lawyer Husband, Citing Severe Verbal Abuse and Irretrievable Marital Breakdown

By Shivam Y. • October 20, 2025

Delhi High Court upholds divorce citing mental cruelty and irretrievable breakdown between senior IRTS officer and advocate husband after years of hostility. - Rita Raj vs. Pabitra Roy Chaudhuri

In a sharp reminder that marriages built on mutual humiliation cannot endure, the Delhi High Court on Friday upheld a decree of divorce between Rita Raj, a senior Indian Railway Traffic Service officer, and Pabitra Roy Chaudhuri, a practicing advocate. The division bench of Justice Anil Kshetrapal and Justice Harish Vaidyanathan Shankar dismissed the wife's appeal, affirming the Family Court's finding that her conduct amounted to mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

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Background

Rita Raj and Pabitra Roy Chaudhuri's marriage, solemnized in 2010, was the second for both. What began as an apparently respectable alliance between two educated professionals turned turbulent within months. By March 2011, they had separated.

The husband alleged that his wife routinely hurled verbal abuses-calling him "bastard", "janwar", and worse-and insulted his mother in unspeakable terms. Some of her text messages, produced in court, questioned his legitimacy and mocked his family background.

Rita, on the other hand, claimed she was the real victim-locked inside the house by her husband, humiliated by his family, and coerced to misuse her official position to benefit his career. She even accused her mother-in-law of demanding ₹50,000 for a foreign trip.

Court's Observations

The High Court noted that the language used in the wife's messages was so vile and demeaning that it would cause deep mental agony to any reasonable person.

"The bench observed, Repeated use of abusive and degrading language, particularly against one’s parent, cannot be brushed aside as mere anger-it constitutes grave mental cruelty."

It found the wife's explanation-that the husband had sent the messages to himself using her phone-implausible and "clearly an afterthought."

Citing the Supreme Court's precedents in Samar Ghosh v. Jaya Ghosh and V. Bhagat v. D. Bhagat, the Court reiterated that mental cruelty is to be assessed from the totality of circumstances, not by isolating incidents.

"The messages calling the husband illegitimate, the mother a prostitute, and demanding that his parents vacate the matrimonial home reflect a sustained pattern of cruelty," the judges wrote.

The bench further noted that while the husband’s own conduct-such as filing multiple cases-was "not entirely desirable," it did not erase the wife’s proven acts of abuse.

Condonation and Alimony

Rita argued that the couple had reconciled and lived together briefly between 2011 and 2013, which should count as condonation of past cruelty. The Court rejected this claim, noting that she had offered no proof of cohabitation.

Even assuming some form of contact existed, the judges said, Condonation requires forgiveness with full knowledge of the wrong and a genuine intent to resume marital life. That is not evident here.

On her plea for permanent alimony under Section 25 of the Hindu Marriage Act, the Court refused to grant any monetary relief.

"The appellant, being a Group 'A' IRTS officer with substantial salary and service benefits, is not dependent on the respondent," the bench held. "Permanent alimony is a measure of social justice, not a means for enrichment."

It also pointed out that during the earlier proceedings, the wife herself had stated that she was willing to accept a divorce in exchange for ₹50 lakhs, which revealed that her opposition was financially motivated rather than emotional.

Court's Decision

Concluding that the marriage had collapsed beyond repair, the Delhi High Court affirmed the Family Court’s decree dissolving the marriage on grounds of cruelty.

"The relationship has been consumed by bitterness and relentless litigation," Justice Shankar noted while pronouncing the order. "For all practical purposes, no matrimonial bond survives between the parties."

With this, the court ended a 14-year-long legal battle that began in 2011, bringing closure to one of the capital’s most contentious matrimonial disputes involving senior professionals.

Case Title: Rita Raj vs. Pabitra Roy Chaudhuri

Case Number: MAT.APP.(F.C.) 2/2024 & CM APPL. 360/2024

Judgment Pronounced On: 17 October 2025

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