The Delhi High Court has upheld a family court’s order granting divorce to a husband who accused his wife of subjecting him to mental cruelty over many years. The bench noted that the couple had not shared marital intimacy since 2008 and that the wife had distanced their son from the father, creating emotional strain that crossed the boundaries of what a marriage can reasonably endure.
Background
The marriage took place in 1990, and the couple has a son. Their relationship, however, began to deteriorate over time. According to the husband, his wife frequently left the matrimonial home and stayed for long periods at her parental house. Several panchayat meetings had to be called to bring her back.
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The husband further claimed that after 2008, the wife refused physical relations and began pressuring him to transfer family property into her name and their son’s name. The wife, on the other hand, argued that she faced ill-treatment and dowry-related harassment from the husband and his family.
Interestingly, the FIRs alleging harassment and assault were filed only after the husband initiated divorce proceedings in 2009. This sequence became a significant factor during judicial evaluation.
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Court’s Observations
The bench carefully examined testimony, cross-examinations, and previous case law. It noted that the wife herself admitted that she and her husband had not lived as a couple since 2008—no shared bedroom, no marital relations, not even the Karva Chauth fast.
The court observed:
“Unilateral refusal to cohabit for a long period, without valid reason, constitutes mental cruelty.”
Another aspect that weighed heavily was the estrangement of the child from the father. The husband testified that though the court had permitted visitation, the child avoided him entirely. The bench remarked that using a child to emotionally isolate the other parent is “deeply hurtful” and an act that courts have previously recognized as a form of cruelty.
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The wife’s noticeable lack of involvement or empathy regarding her elderly mother-in-law’s frail health was also discussed. The court noted that such “studied indifference” was not mere domestic disagreement, but a pattern that added emotional injury.
Decision
Concluding that the marriage had broken down beyond repair, the bench upheld the divorce, stating that the husband could not reasonably be expected to continue the relationship under such circumstances. The appeal filed by the wife was dismissed, and the original decree of divorce was confirmed.
The order ended at affirming the family court’s decision, with no order as to costs.
Case Title: DV v. SK – Delhi High Court Upholds Divorce on Ground of Mental Cruelty
Court: High Court of Delhi
Case Type: Matrimonial Appeal under Section 19, Family Courts Act & Section 28, Hindu Marriage Act
Marriage Year: 1990
Child: One son born in 1997
