Saturday, November 22

‘Divorce Is Not a Victory, Only the End of Expectations’: Delhi High Court’s Remark While Granting Divorce

The Delhi High Court has expressed concern over the rising bitterness in matrimonial disputes, stating that the dissolution of a marriage is not a triumph for either spouse but merely a legal acknowledgement that the relationship has reached a point of no return.

Court Observes: Matrimonial Litigation Leaves Deep Emotional Scars

While allowing a man’s plea for divorce on the grounds of mental cruelty, the court noted that matrimonial cases often inflict “deep emotional wounds” on both sides.

“A broken marriage is not a victory of one party over the other. It is simply a legal recognition that the relationship cannot be revived,” the bench remarked, urging both parties to maintain dignity in all future interactions and proceedings.

Background: Marriage Beyond Repair

The division bench of Justice Anil Kshetarpal and Justice Renu Bhatnagar observed that the couple married in 2016 and had been living separately since 2020. Their relationship had deteriorated to a stage where reconciliation was impossible.

The court stressed that once a spouse levels allegations of sexual misconduct against the other’s close relatives, “the possibility of rebuilding the marital bond is completely destroyed.”

High Court Overturns Family Court Order

The husband had appealed against a Family Court decision that had dismissed his divorce plea under Section 13(1)(ia) of the Hindu Marriage Act, holding that cruelty was not established.

The High Court disagreed, ruling that the wife’s conduct—stating that the marriage was forced, repeatedly abusing the husband and his mother, threatening suicide, refusing to cohabit, and abandoning the marriage without cause—collectively amounted to mental cruelty.

Court: Family Court’s Findings Based on Assumptions

The bench held that the Family Court’s observation that the husband lacked clean intentions was based on assumptions, not evidence.
It further noted that the wife’s allegations of dowry harassment and ill-treatment were unsubstantiated.

The court clarified that the husband’s father not appearing as a witness does not imply suppression of facts or mala fide conduct.

Divorce Granted

Setting aside the Family Court’s order, the High Court granted the husband the decree of divorce, stating that compelling the couple to remain in such a toxic relationship “would serve no purpose other than preserving bitterness and mental agony.”


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