The Delhi High Court has upheld a Family Court order dissolving the marriage between a senior government officer and an advocate, concluding that the wife’s repeated verbal abuse and offensive messages amounted to mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
A Division Bench of Justice Anil Kshetrapal and Justice Harish Vaidyanathan Shankar pronounced the judgment on October 17, 2025, also rejecting the wife’s plea for permanent alimony under Section 25 of the Act, holding that she was financially independent and capable of maintaining herself.
Background
The couple married in early 2010, both having previously divorced. Their union lasted just over a year before disintegrating. The husband, a practicing advocate, alleged that the wife, a senior bureaucrat, subjected him to constant humiliation — both in private and public — and sent him a barrage of abusive messages between March and June 2011.
Among those messages, produced before the Family Court, were remarks questioning his parentage and making vile insinuations against his mother. One of the messages, cited in the judgment, read:
“Now I realise why you resemble your uncle. Your character speaks of your illegitimate origin. Goodbye.”
Another text suggested his mother should “earn through prostitution.”
The husband claimed she denied him affection, slapped him for trivial reasons, insulted his professional standing, and eventually forced him to leave their home in March 2011.
The wife, on the other hand, accused the husband of manipulation and pressure tactics. She alleged that he wanted to use her official position for professional gain, had once locked her in the house, and that his mother demanded money and inclusion in her property.
She further claimed that he filed multiple false cases against her to harass her after separation.
Court’s Observations
After examining the record, the High Court found that the Family Court’s findings were well-supported and required no interference.
The judges said the wife’s claim that the husband had sent those abusive messages to himself “did not inspire confidence” and appeared to be an afterthought.
“Words and communications of this nature are not harmless. Persistent and deliberate verbal abuse, particularly imputations of illegitimacy and filthy insults directed at a spouse’s mother, cause deep mental agony and injury,” the Court noted.
The Court also relied on other instances of cruelty: the slapping incident, refusal of intimacy, and insults in front of relatives. Taken together, these amounted to sustained emotional torture.
Referring to precedents like Samar Ghosh v. Jaya Ghosh and Naveen Kohli v. Neelu Kohli, the bench reiterated that mental cruelty must be judged through the cumulative effect of behavior — not isolated acts.
“Long separation accompanied by bitterness and litigation is itself evidence of an irretrievable breakdown of marriage,” the bench said.
While acknowledging that the husband’s repeated legal actions “were not entirely desirable,” the Court emphasized that they did not cancel out the wife’s independent acts of cruelty.
“Two wrongs do not make a right,” the judgment observed pointedly.
The wife had also sought permanent alimony under Section 25 of the Hindu Marriage Act, arguing that the Family Court had failed to consider her entitlement.
However, the High Court dismissed the claim, noting that she held a senior position in the government, was drawing a regular salary, and enjoyed pensionary and medical benefits.
The Court further observed that during her testimony, she had expressed willingness to accept divorce if the husband paid her ₹50 lakh — a statement the Court said revealed her focus on monetary compensation rather than reconciliation.
“Her resistance to divorce was not born of a genuine desire to restore matrimonial life but was financially motivated,” the bench remarked.
The judges clarified that permanent alimony is not an automatic right and must depend on the applicant’s financial condition, conduct, and circumstances. Since the wife was economically self-reliant and her conduct had been found culpable, the Court found “no justification for awarding any financial relief.”
Upholding the Family Court’s order dated August 31, 2023, the Delhi High Court confirmed the decree of divorce on the ground of cruelty. It ruled that the wife’s repeated abusive behavior, humiliation, and verbal attacks caused “immense mental agony” to the husband.
Case Title: X vs Y
Case Number:- MAT.APP.(F.C.) 2/2024 & CM APPL. 360/2024
