Delhi HC upholds judgment granting man divorce on grounds of cruelty

The Delhi High Court has upheld a household court docket’s choice to grant divorce to a person, observing that he and his household had been repeatedly subjected to abusive and derogatory language by his spouse, which amounted to psychological cruelty – a floor for divorce.

The household court docket, in its judgment pronounced in August 2023, had dissolved the wedding after the person pleaded for divorce on the grounds of cruelty.

The High Court’s October 17 order got here on a petition filed by the girl difficult the choice of the household court docket.

The couple had married in January 2010 however cohabited for barely a 12 months, and have been residing individually for over 14 years.

‘Forced to go away residence’

A Bench of Justices Anil Kshetarpal and Harish Vaidyanathan recorded that the girl had alleged that the husband’s mom was “characterless”, which compelled him to go away the matrimonial residence.

The lady denied the allegations, asserting that she was the one subjected to cruelty. She claimed that her husband pressured her to misuse her place as a senior officer of the Railways to safe his appointment as a lawyer on a panel, and that when she refused, he turned abusive and hostile.

‘Alimony a instrument of justice’

On the difficulty of alimony, the court docket famous that such aid is “supposed as a measure of social justice and never as a instrument for enrichment or equalising the monetary standing of two succesful people”.

The Bench mentioned for the reason that lady is a senior authorities officer with “a gradual and substantial revenue and no dependents”, she is “absolutely able to sustaining herself” and, due to this fact, not entitled to upkeep.