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DELHI HIGH COURT
Suresh Kumar Kait and Neena Bansal Krishna, JJ.
Major Shashi Chauhan – Appellant
versus
Major Ritu Bhasin – Respondent
Mat.App.(F.C.) 172 of 2019
Decided on 6.3.2024
(A) Hindu Marriage Act, 1955 – Section 13 (1) (i-a) – Divorce – Cruelty by wife – A wife comes to a matrimonial home to live amongst members who may not be well known to her and it is duty of family members to make her comfortable and feel welcome in the home – At the same time it is also obligatory on new member to accept the family as her own and make endeavour to get transplanted in her matrimonial home – Her conduct does not reflect that there was any act of appellant or his parents which prompted her to set up independent house for herself – She was unhappy with conduct of parents of appellant/husband, which she even found demanding and oppressive – However, except bald assertions, there is no evidence led by her to corroborate her assertions – Desire and endeavour of respondent/wife to make effort to buy house for which she sought support from her husband, cannot by any interpretation, be considered either as a greed or unjust demand from her husband – In no way, can her request for financial support from her own husband be termed as act of cruelty. (Paras 37, 38 and 42)
(B) Hindu Marriage Act, 1955 – Section 13 (1) (i-a) – Divorce – Cruelty by wife – Respondent has not given any incident from where it could be inferred that she was in fact subjected to cruelty or to dowry harassment – Making such unsubstantiated allegations of dowry harassment which is palpably not made out from family circumstances of parties is nothing but an act of mental trauma and cruelty – There is overwhelming evidence to establish that disgruntled by a failed marriage for lack of adjustment between parties and their respective families, respondent resorted to all acts of making false allegations and complaints only to bring appellant to his knees and to ruin his career – Chain of allegations post filing of petition, by either spouse is nothing more than a domino effect which was a direct result of strained relations between the two – Parties have separated in year 2010 and are living separately ever since – Such long separation, with no effort by respondent/wife to resume matrimonial relationship, is an act of cruelty – There is no chance of reconciliation between parties – This dead relationship has become infested with acrimony, irreconcilable differences and protracted litigations – Any insistence to continue this relationship would only be perpetuating further cruelty upon both parties – Divorce granted to appellant. (Paras 56, 62, 63, 68, 69, 70 and 71)
Result: Appeal allowed.
JUDGMENT
Neena Bansal Krishna, J.—Vindictiveness, vexation and intolerance are the foes of coherent comprehension. Though the aggrieved person is entitled and well within their rights to avail the remedy under laws, but, crossing the point of “no return” becomes inevitable once the spouses get engulfed in this rabbit hole of criminal litigations. The bullets of unjustified accusations and complaints cause such fatal wounds, leading to unendurable mental and physical acrimony, making it impossible for the spouses to live together.
CM APPL. 30029/2019
1. By way of present application, the applicant/appellant seeks condonation of 45 days’ delay in re-filing the present Appeal.
2. For the reasons and grounds stated in the present application, the application is allowed, the delay of 45 days in re-filing the present Appeal is condoned.
3. Accordingly, the present application is disposed of.
MAT.APP.(F.C.) 172/2019
4. The present Appeal under Section 19 of the Family Courts Act, 1984 has been filed on behalf of the appellant/husband assailing the Judgment and Decree dated 21.12.2018 vide which the Divorce Petition filed by the appellant/husband under Section 13 (1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as “HMA, 1955”) has been dismissed.
5. Briefly stated the fact, the appellant/husband, now Major in the Indian Army met the respondent/wife holding the same position, way back in 2006, while they were undergoing training. Eventually, after their long courtship they got engaged in July, 2009 and finally got married on 11.02.2010, at New Delhi. Though their marriage was consummated, no child was born from their wedlock. However, the differences started emerging after their engagement itself, as according to the respondent/wife the expectations of dowry and consequent demands from the appellant’s family, started emerging. The parents of the appellant/husband expected dowry considering that the respondent/wife was a Punjabi and there is a culture of lot of dowry being given in their marriage.
6. The appellant/husband has asserted in his Divorce Petition that the parties stayed together for about 46 days after their marriage in the matrimonial home i.e., from 12.02.2010 to 30.03.2010. Thereafter, the appellant/husband who was posted in Kargil went for his posting, while the respondent/wife went to live in her parental home.
7. The appellant/husband has asserted that the respondent/wife used to frequently abuse him physically and even financially. The respondent/wife made a demand of Rs. 4,00,000/- in April, 2010 for booking up a flat which the appellant/husband politely declined. However, the respondent/wife suggested to the appellant/husband that he should borrow this money from his parents, to which he did not agree. The appellant/husband’s disinclination brought up sudden behavioural changes in the respondent/wife.
8. The appellant/husband tried to reason with the respondent/wife, but it was of no avail. The respondent/wife despite owning a car and a scooty of her own, insisted for the car of his father to be given to her for commuting to her parental place. She threatened that if her demands were not met, she would report the matter to his Commander, Brigadier S.K. Sawhney and ruin his career.
9. The appellant/husband approached his Commander, Brigadier S.K. Sawhney and his wife to help resolve the disputes inter se the parties. Mrs. Alka Sawhney told the respondent/wife to meet them, but she failed even to confirm the date of meeting. This created an embarrassing situation for the appellant/husband with his Senior Commanding Officer.
10. The appellant/husband asserted that in order to make their marriage work, he requested the respondent/wife to join him in Kargil on leave, but she came to Leh on official duty for five days in September, 2010. Even during her short stay, she indulged in physical abuses and even manhandled him.
11. The appellant/husband in order to be together and celebrate the birthday of the re
(1) Cruelty – Request for financial support by wife from her own husband cannot be termed as act of cruelty.(2) A dead marriage must be given a decent quietus.
The overwhelming evidence of neglect, refusal of conjugal relationship, and false dowry harassment complaints by the respondent constituted cruelty under Section 13 (1) (ia) of the HMA, 1955.
Unsubstantiated allegations of dowry harassment and domestic violence can amount to mental trauma and cruelty, supporting a finding of desertion and cruelty under the Hindu Marriage Act.
The conduct of parental alienation and refusal to reconcile by one spouse can constitute mental cruelty, justifying divorce under the Hindu Marriage Act.
The main legal point established in the judgment is that specific instances of cruelty must be proven, and reckless, false, and defamatory allegations constitute mental cruelty.
The main legal point established in the judgment is the requirement for concrete evidence to prove allegations of cruelty in divorce cases, and the impact of prolonged litigation on the marital relat....
The main legal point established in the judgment is the interpretation of cruelty in the context of marital relationships, including the impact of mental cruelty, adultery, and false allegations on t....
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