On Thursday (14th March) The Delhi High Court has upheld the dissolution of marriage for a couple in their seventies, after years of living apart. The court’s decision came following the wife’s appeal against the family court’s decree of divorce, which was initially granted based on the husband’s claim of cruelty
New Delhi: Thursday (15th March): The Delhi High Court upheld the family court’s decision to dissolve the marriage of a couple in their seventies who have lived apart for many years. The court dismissed the wife’s challenge to the divorce decree, which had been awarded to the husband on grounds of cruelty.
The judgment was passed by Justice Suresh Kumar Kait and Justice Neena Bansal Krishna, who pointed out the lack of effort from the wife to mend the relationship, coupled with her continuous legal battles against the husband and his sister, indicating a definitive end to any chance of their reunion.
The bench stated,
“Even if we assume that the man did not provide financial support to the woman while they cohabited, the fact that she pursued her application under Section 24 of the Act after receiving Rs 1.8 crore from the man indicates her intention to mentally torment him.”
The court observed,
“At over seventy years of age, the appellant (wife) has opted not to settle their differences but to proceed with the divorce by leveling groundless claims. It’s quite evident that the appellant holds no positive view of the respondent (husband), engaging in numerous legal actions against him and his sister, thereby indicating that reconciliation is out of the question.
Furthermore, despite their separation since 2013, she has not attempted to resolve their issues,” according to a recent decision by Justices Suresh Kumar Kait and Neena Bansal Krishna.
The husband had stated that they had been living separately since 1980, while the wife contended the separation began in January 2013.
The court observed,
“At this stage in their lives, it is regrettable that the appellant (wife) has opted to prolong the divorce proceedings with unfounded allegations, showing a clear disregard for reconciliation.”
The appeal against the family court’s divorce decree, favoring the husband, was thus dismissed by the high court. The couple, who are Overseas Citizens of India (OCI), have been married since 1973 and have two children together. The husband filed for divorce in 2018, citing cruelty after more than four decades of marriage.
He detailed the mental and physical suffering inflicted by his wife, asserting his right to companionship, which was denied. On the other hand, the wife alleged the divorce petition was a retaliatory action against her domestic violence claims and accused her husband of infidelity and abandonment, despite her claims of financial neglect.
However, the high court, referencing prior rulings, emphasized that marriage’s sanctity is grounded in mutual respect and trust. Fabricating accusations of infidelity constitutes extreme cruelty that irreparably damages the marital bond.
Furthermore, the court noted that despite the wife’s financial claims, her actions, especially after receiving a significant sum from her husband, reflected a deliberate intent to cause distress, underscoring her motives in prolonging the legal battle.
