The Delhi High Court recently held that the term ‘mental cruelty’ is enough to take within its ambit the ‘financial instability’ of a spouse and granted divorce to a woman.
A division bench of Justice Suresh Kumar Kait and Neena Bansal Krishna said that the financial instability of a husband occurs due to not being settled in any business or profession, which ultimately pushes him to be involved in other vices, is bound to result in anxiety and can be stated as a constant source of mental cruelty for a wife.
The Court observed it while dealing with a matrimonial dispute, in which a huge disparity was found between the financial status of the estranged spouses.
The Court observed, “The endeavours of the respondent (husband) to be able to sustain himself had admittedly failed. Such kind of financial instability is bound to result in mental anxiety on account of husband being not settled in any business or profession which resulted in other vices, can be termed as a constant source of mental cruelty to the appellant. The term ‘mental cruelty’ is wide enough to take within its ambit the ‘financial instability.“
The Court was dealing with a plea filed by a woman against a Family Court order rejecting her plea for divorce on the grounds of ‘instable financial condition’ of her husband.
It was stated that the couple got married in 1989 but started living separately in 1996. The woman was graduated from Delhi University (DU) are was working with an MNC. At the time of marriage, it was also portrayed that the man was also a DU graduate and had a healthy income.
However, post marriage, the woman came to know that the man was not a graduate and had no job, and had only income from her mother.
The woman also alleged that the man involved himself in vices i.e. gambling and other such activities and would beat her up. During the relationship, she conceived twice but suffered a miscarriage the first time and stillbirth, the second time. The woman stated that she had no access to medical care and was paid no attention.
The Court took the case into consideration and noted that although the woman claimed harassment on the basis of dowry and asserted that she was also physically abused by her husband and his family members, these acts couldn’t be proven by the evidence.
It observed that the true reason for the discord between the couple was the financial instability of the husband and that with the kind of financial disparity that existed between the couple, differences were started rising.
The Court further said, “The very fact that the parties have been living separately since November 1996 and no conciliation has taken place for the past about 27 years, proves that the parties were unable to sustain their matrimonial relationship. For a couple to be deprived of each other’s company and of conjugal relationship can be interpreted only as amounting to mental cruelty.“
The Court further observed that a dead relationship only causes pain and agony and the Court can’t be a party to perpetuation of such mental cruelty.
Therefore, it allowed the woman’s appeal file for divorce and granted her divorce on grounds of cruelty and desertion.
Advocate Akash Madan represented the appellant-woman, who also appeared in person. While Advocate Anurag Vashisht appeared for the respondent and was also presented in-person.
News Source: https://www.barandbench.com/news/delhi-high-court-says-financial-instability-spouse-mental-cruelty-grants-divorce-wife
