The Delhi High Court ruled that a wife’s indifference and neglect toward her elderly in-laws amount to mental cruelty under the Hindu Marriage Act, upholding the husband’s divorce and emphasizing respect for family responsibilities in marriage.
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NEW DELHI: In a ruling, the Delhi High Court has held that a wife’s indifference and neglect towards her elderly in-laws constitute mental cruelty within the ambit of matrimonial law, thereby entitling the husband to seek divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
Court’s Observation
The Division Bench of Justices Anil Kshetrapal and Harish Vaidyanathan Shankar emphasized that parents form an essential part of a joint Hindu family system, and a spouse’s disregard for them amounts to cruelty. The bench noted that a spouse is expected to take care of the health and dignity of elders in the household, especially when they are aged or unwell.
“It is a natural and legitimate expectation that after marriage, a spouse will take care of the health and dignity of the elders of the household,”
the court said.
“The deliberate indifference and callousness shown by the appellant [wife] towards her in-laws, especially when their advanced age and health condition required sympathy, cannot be considered trivial. This behavior caused unnecessary suffering to the respondent [husband] and his family, which is another aspect of cruelty within the ambit of matrimonial law.”
Background of the Case
The couple married in March 1990 and had a son in 1997. According to the husband, the wife was unwilling to live in a joint family, frequently left her in-laws’ home without permission, and ceased marital relations in 2008. He also claimed she pressured him to transfer family property in her name and, after he filed for divorce in 2009, she lodged several criminal complaints against him and his family.
The family court had earlier granted a divorce on grounds of cruelty, finding that her prolonged refusal to cohabit and filing of false FIRs amounted to mental cruelty.
Wife’s Appeal Dismissed
In her appeal, the wife argued that the lower court’s decision relied on unsubstantiated evidence and ignored her allegations of dowry harassment. She contended that her complaints were genuine and not motivated by malice.
However, the Delhi High Court found no merit in her claims. It was observed that she was unaware her mother-in-law was immobile and had undergone hip replacement surgery, showing her indifference toward her elderly in-laws.
The court held that such behavior reflects a disregard for marital responsibilities in the Indian family context and cannot be dismissed as trivial.
The bench concluded that the wife’s conduct, including the refusal of marital relations, repeated harassment through complaints, alienation of the minor child, and neglect of her in-laws, collectively caused significant emotional distress to the husband.
“The prolonged refusal to accept marital relations, the series of complaints filed against the respondent, the deliberate alienation of the minor child, and the respondent’s indifference towards his parents collectively demonstrate a persistent neglect of marital responsibilities,”
the court ruled.
“These acts constitute cruelty of such severity as to warrant dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act.”
The High Court thus dismissed the wife’s appeal and upheld the family court’s decree of divorce.
Appearance:
The wife: Advocate Sanjay Rathi
The husband: Advocates Sudhir Tewatia, Sahil Gandhi, Aman Gehlot, Himani Verma, Kavya and Vivek
Case Title:
DV v SK
MAT.APP.(F.C.) 8/2022 & CM APPL. 4523/2022 (Stay)
READ JUDGMENT