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Delhi High Court Sets Aside Family Court Verdict, Grants Divorce After Finding Sustained Mental Cruelty and Irretrievable Breakdown of Marriage

Shivam Y.

Delhi High Court grants divorce after finding sustained mental cruelty and irretrievable marital breakdown, overturning Family Court’s dismissal in a 2025 judgment. - X & Y

Delhi High Court Sets Aside Family Court Verdict, Grants Divorce After Finding Sustained Mental Cruelty and Irretrievable Breakdown of Marriage

At the Delhi High Court on a slightly heavy Thursday afternoon, a Division Bench led by Justice Anil Kshetrapal and Justice Renu Bhatnagar delivered a judgment that quietly shifted the tone of a long-running matrimonial dispute. The courtroom wasn’t crowded, but the tension was evident as both sides waited for the verdict that would decide whether the marriage, strained for years, had legally reached its end.

Read in Hindi

Background

The marriage, solemnised in March 2016, had seen frequent turbulence some small, some not so small. According to the material placed before the court, the husband had earlier sought divorce before the Family Court on the ground of mental cruelty. His petition, however, had been dismissed in March 2025, with the trial judge concluding that cruelty was not proven and that he had approached the court with “unclean hands.”

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The High Court, therefore, had a narrow but important task: to determine whether the Family Court had looked at the evidence correctly, and whether the cumulative behaviour described in the record actually crossed the legal threshold of cruelty under the Hindu Marriage Act.

Court's Observations

The Bench spent considerable time analysing both testimonies. A striking point, repeatedly highlighted during the hearing, was that several allegations made by the wife especially regarding dowry harassment and an attempted molestation were raised only after the divorce petition was filed. The judges noted the absence of any complaint or FIR during the years prior.

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At one point, the Bench observed,

“Belated accusations, especially when reactive, cannot automatically override consistent evidence placed earlier on record.” This line seemed to shift the atmosphere in the courtroom, as it hinted at the direction the judgment might be moving.

Another notable observation related to the way the Family Court had treated each incident separately, rather than reading them together as a pattern. The High Court clearly differed on this.

“The bench observed, ‘Cruelty is not measured in isolated snapshots; it must be understood from the continuous impact on the individual’s mental peace.’”

The judges also said that a pregnancy or temporary reconciliation in 2019 could not erase earlier or later acts of conduct that caused distress. This point pushed back strongly against the Family Court’s reliance on the wife’s miscarriage as proof of harmonious relations.

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Decision

In a firm but calm tone, Justice Kshetrapal began reading the operative part of the judgment. The Bench held that the husband had successfully demonstrated sustained mental cruelty verbal insults, threats of self-harm, withdrawal from cohabitation, and desertion without reasonable cause.

The Bench also rejected the Family Court’s finding about “clean hands,” remarking that mere allegations without proof could not bar legitimate relief. The court stressed that the marriage had broken down beyond repair, especially considering the continued separation since January 2020 and the absence of children.

Finally, the courtroom fell into a brief silence as the decision became official: The Delhi High Court set aside the Family Court’s ruling and granted a decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act.

And with that, the matter ended at least for now at the court’s order itself.

Case Title:- X & Y

Case Number: MAT.APP.(F.C.) 173/2025

Judgment Pronounced On: 20 November 2025

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