Best Divorce lawyer in Karkardooma Court Delhi

A v. B, MAT.APP.(F.C.) 160 of 2025, decided on 1-7-2025.

Delhi High Court: In an appeal under Section 19 of the Family Courts Act, 1984 challenging the decree of divorce passed under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (‘HMA’) by the Principal Judge, Family Courts, West District, Tis Hazari Courts, Delhi (‘Family Court’), the Division Bench of Renu Bhatnagar* and Navin Chawla JJ., stated that the complaints made by wife to her husband’s employer, especially those involving unsubstantiated claims of adultery, could not be treated to address the issues of any wrong done to her, as the husband’s employer had nothing to do with all such wrongs. The Court stated that irrespective of the merits of these complaints, making such derogatory and defamatory remarks in the form of complaints to the spouse’s employer were nothing but cruelty. Thus, the Court stated that there was no infirmity in the impugned judgment passed by the Family Court and accordingly, dismissed the appeal.

Decision The Court in the present appeal acknowledged that the marriage and the birth of two children were admitted facts, and that the parties had been living separately since 2010—2011. Both parties had alleged adultery against each other. However, neither party was able to substantiate these allegations with credible evidence. Thus, the Court found no fault with the Family Court’s rejection of these unproven allegations. On the issue of cruelty, the Court while referring to the definition of cruelty under Section 13(1)(ia) of the HMA stated that it is a settled position of law that the instances of cruelty are not to be taken in isolation, instead, a cumulative effect of the facts and circumstances, is to be taken up and only then a fair inference as to whether the petitioner has been subjected to mental cruelty is to be drawn. The Court stated that the complaints made by wife her husband’s employer, especially those involving unsubstantiated claims of adultery, could not be treated so as to address the issues of any wrong done to her, as the husband’s employer had nothing to do with all such wrongs and lead to the irresistible conclusion that they were made to harass the husband and to humiliate him in his workplace before his colleagues. The Court held that irrespective of the merits of these complaints, and regardless of whether the allegations made therein were false or true, making such derogatory and defamatory remarks in the form of complaints to the employer of the spouse were nothing but cruelty. The Court stated that the marriage entails mutual respect and adjustment. Some parties take less time to adjust with each other while the other takes longer time, but it is expected of both the parties to show due respect to each other. The foundation of a sound and healthy marriage is tolerance, adjustment and mutual respect. Furthermore, with respect to the physical acts of cruelty by the wife, including beating the husband with a wooden stick, pouring water on him, and using abusive languages, etc, the Court did not find any perversity in the observations of the Family Court. The Court supported that these allegations, were supported by medical records and tape-recorded conversations, unlike the wife’s allegations which were not corroborated by evidence. The Court noted that the parties have not cohabitated since 2010-11 and have been fighting this litigation for a very long time. Therefore, given that the parties had been living separately for around 15 years, without any resumption of marital cohabitation, could also be considered as an added ground while deciding the divorce petition. Thus, the Court found no infirmity in the impugned judgment and accordingly dismissed the present appeal.

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

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Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

+91 85957 22509

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

+91 85957 22509

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