No Right to Abuse: Delhi High Court Grants Divorce on Cruelty Grounds

New Delhi: The Delhi High Court has ruled against the notion that a husband has the right to inflict harm on his wife, stating that no law permits such behaviour. The decision came as the court granted a divorce to a woman who had endured cruelty and desertion by her husband.

The court established that the husband’s failure to resume companionship and his refusal to bring the wife back to their matrimonial home, along with medical evidence, substantiated the woman’s claims of physical assault.

The judges, Justices Suresh Kumar Kait and Neena Bansal Krishna emphasized that marriage does not grant the husband the privilege to subject his spouse to violence and torment. Such actions were deemed as physical cruelty, enabling the woman to seek divorce under Section 13(1) (IA) of the Hindu Marriage Act.

Notably, the husband did not contest the divorce during the court proceedings, leading to the dissolution of their marriage. The decision was made after the court reviewed an appeal by the woman challenging the family court’s dismissal of her divorce petition based on cruelty and desertion.

The woman’s account highlighted that she was left injured at her parental home in 2013, and despite her attempts, her husband declined to bring her back to their shared residence. The court ruled that this exhibited a deliberate intent to sever their relationship, justifying the woman’s claim for divorce on the grounds of desertion as well.

The marriage, which had taken place in February 2013, had subjected the woman to physical and mental abuse, and she endured the mistreatment in the hopes that things would improve. Allegedly, the husband’s family aimed to end the marriage to facilitate his remarriage into a wealthier family.