Married couple deprived of each other’s company, conjugal relationship ‘extreme cruelty’: Delhi HC

The family court had granted divorce to a husband under Section 13 (1)(ia) of the Hindu Marriage Act, 1956, on grounds of cruelty by the wife.

New Delhi: Upholding a family court’s order granting divorce to aman, the Delhi High Court has observed that for a married couple to be deprived of each other’s company and conjugal relationship is an act of extreme cruelty.

The family court had granted divorce to a husband under Section 13 (1)(ia) of the Hindu Marriage Act, 1956, on grounds of cruelty by the wife.

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“For a couple to be deprived of each other’s company and of conjugal relationship, is an act of extreme cruelty,” the court said.

The parties in this case were married in 2012 but lived together for only ten months before separating.

Despite efforts from both families to reconcile them, differences between the couple persisted, creating mistrust, unhappiness, and uncertainty in the marriage.

The court noted that even though these differences might seem like normal marital issues individually, their consistent persistence for months, with no resolution in sight, led to mental trauma.

It also highlighted the husband’s constant apprehension about the state of affairs at home, whether he was at work or home. The wife’s act of locking herself in a room reinforced the husband’s fear of false cases being filed against him.

In conclusion, the court deemed the wife’s actions as cruelty and upheld the divorce granted by the family court.

It pointed out the importance of companionship, mutual confidence, and cohesiveness in a marital relationship, which were lacking in this case due to the pervasive fear of false implications.