Delhi HC Upholds Divorce Citing Couple Living Apart Since 12 years

The Delhi High Court has upheld the divorce of a couple who had been living apart since 2011, citing the husband’s mental anguish due to constant rejection of mutual trust, respect and companionship from his wife.

A bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna dismissed the wife’s appeal against the family court’s decision to grant divorce earlier this year.

The husband alleged that, in addition to falsely implicating him and his family in a cruelty case, his wife refused to observe the Hindu festival ‘Karwa Chauth’ fast, as she did not consider him her husband due to her love for someone else. During this festival, married Hindu women fast for the well-being and long life of their husbands. Furthermore, the husband claimed that she displayed disrespect towards him and his family, even threatening suicide.

The bench noted that the wife’s actions, such as refusing to acknowledge the husband as her spouse and constant rejection of any relationship, inflicted significant mental distress on the husband. The court emphasized that a marital relationship is built on mutual trust, respect, and companionship, and the wife’s conduct demonstrated the absence of these elements.

The division bench referred to a Supreme Court case in which it was established that constant threats of suicide constitute cruelty, as they can harm the mental well-being and peace of mind of the other spouse. In this case, the family court rightly concluded that the wife’s behavior amounted to immense cruelty.

Additionally, the court pointed out that the wife failed to substantiate any dowry demands or harassment claims, rendering her allegations baseless and enabling the husband to seek divorce on the grounds of mental cruelty. The court characterized the wife’s complaints and conduct as deliberate attempts to humiliate and insult the husband and his family.

The court also noted the wife’s reluctance to engage in a conjugal relationship, and it was only after significant persuasion that the couple managed to establish a conjugal relationship that lacked any emotional connection.

The court concurred with the findings of the Family Court, which concluded that the couple had been living separately since October 2011, with no hope of reconciliation despite efforts made by both families. The wife’s conduct was determined to have caused the husband immense mental suffering, justifying the grant of divorce. Consequently, the court dismissed the appeal, finding no merit in it.