On February 9, the Court made an observation in response to a woman’s challenge against a Family Court’s divorce order, claiming that the accusations of cruelty made by her husband lacked supporting evidence.
In upholding the divorce granted to a couple, the Delhi High Court has ruled that the wife’s repeated use of derogatory and humiliating language directed towards her husband and his family constitutes an act of cruelty.
In a case concerning the dissolution of a marriage, the Delhi High Court has held that the wife’s persistent use of derogatory and humiliating language towards her husband and his family amounts to an act of cruelty, and consequently upheld the divorce granted to the couple.
The Bench of Justices Sanjeev Sachdeva and Vikas Mahajan refused to grant relief, emphasizing that every individual is entitled to live with dignity and respect, and should not be subjected to constant abuse.
The Court further stated, “After examining the evidence on record, we are satisfied that the level of cruelty established is sufficient to meet the requirements of Section 13(1)(i-a) of the Hindu Marriage Act. Therefore, we find no defects in the verdict that granted the petition and ordered divorce on the grounds of cruelty. We reject the appeal as a result. The appeal is therefore dismissed.”
The High Court found that the behavior of the wife, as demonstrated in the record, was of such severity, extent, and effect that it would have caused her husband significant and ongoing mental anguish, pain, anger, and suffering, thus clearly qualifying as cruel.
“Each person is entitled to a life of dignity and respect. If the phrases mentioned… are used against an individual, they would be extremely derogatory and humiliating. The husband’s assertion is that during disagreements, his wife would use these words to insult him and his family. The constant repetition of such language, as exemplified in the record, is clearly demeaning and would unquestionably amount to cruelty. No one can be expected to live with a steady stream of abuse hurled at them,” the bench explained.
Furthermore, the High Court dismissed the argument presented by the woman’s counsel that the alleged instances of cruelty lacked specific dates and times.
The Court clarified that such details would be irrelevant, given the man’s testimony, which indicated that the woman would use those words against him and his family whenever they had an argument. This suggests that the derogatory and abusive language was repeatedly used throughout their time together.
