No person can be expected to live with constant abuse: Delhi High Court upholds divorce on ground of cruelty by wife
The Delhi High court passed a judgement on 9th February, 2023. This was seen in the case of Deepti Bhardwaj v Rajeev Bhardwaj2023/DHC/001004and he case was presided over by Hon’ble Justices Sanjeev Sachdeva and Vikas Mahajan
FACTS OF THECASE:
The Court was hearing a challenge by the appellant-wife against a family court order allowing the petition filed by the respondent-husband under Section 13(1) (i-a) of the Hindu Marriage Act seeking dissolution of marriage on the ground of cruelty. The lower court had also passed a decree of divorce in favour of the husband.
In her appeal, the wife contended that the family court had been swayed by a mere suggestion given by the counsel towards the end of the cross-examination of the husband that he had filed the petition for divorce for the reason that he was having an extra-marital affair with his co-worker.
ORDER OF THE COURT
It was noted that in the petition filed for divorce, the husband has specifically reproduced the taunts and the language used by the appellant and her father against him and his family.
Some of the instances of cruelty were spelt out as under:
- “I am a superintendent in education department, your family is not upto our standard”
- “2 kodi ka policewala h tera baap, mera kuch nahi bigad sakta, ministry tak pahuch hai mere papa ki (your father has no reputation as a policeman, he can’t harm me, my father has reach in the ministry)”
- “main itna kharch nahi karti jitna teri dawao pe kharch hota hai (I don’t spend as much as your medicines cost)”
- “dikhayi nahi deta baat kar rahi hu, saans ki bimari hai lakwa nahi hai jo khud nahi le sakte dawai (can’t you see, I’m talking, you have respiratory disease, not paralysis that you can’t take medicine yourself)”
In response to these utterances, the Court said,
“Every person is entitled to live with dignity and honour. If the words as stated herein above are used against an individual, the same would be very derogatory and humiliating for the individual.”
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Order reviewed by Drishti verma