Wife’s resistance to consummation of marriage ground for divorce: Delhi HC

The bench said the conduct of the woman was such that it was not possible for the man to bear such kind of cruelty. "It is a marriage which could not take off right from inception as the worst kind of mental cruelty was faced by the husband during his honeymoon and thereafter. "

By: PTI | New Delhi | Published:October 9, 2016 12:44 pm
Photocopy cae, Photocopy case news, Photocopy of textbook case, Photocopy of boods case, Photocopy of text books in Universities case, Photocopy of books in universities case, Photocopy at delhi University, case on Photocopy at delhi university, latest news, India news, Latest news, Delhi High Court (File Photo) 

A spoiled honeymoon and subjecting the husband and his family to “worst kind of mental cruelty” by levelling false accusations, have been held as grounds for divorce in a case by the Delhi High Court.

The High Court has dubbed the case as an “exception” in which “the marriage could not take off right from inception” between the couple who were in the age group of 30 plus at the time of marriage and were “quite mature”.

While allowing dissolution of their 12-year-old wedlock, it noted that the husband and wife returned with “bitter memories and a spoiled honeymoon” in which she had resisted consummation of marriage and later subjected him and his family to mental cruelty by levelling false accusations. The remarks were made in the judgement by a bench of Justices Pradeep Nandrajog and Pratibha Rani, which dismissed the plea of a woman who had challenged the verdict of a trial court allowing the man’s petition seeking dissolution of their marriage on grounds of cruelty.

“The respondent/husband was able to establish that during their honeymoon not only consummation of marriage was resisted by her, even thereafter causing embarrassment and humiliation accusations have been made against him and his entire family,” the bench noted in its judgement. The bench said the conduct of the woman was such that it was not possible for the man to bear such kind of cruelty. “It is a marriage which could not take off right from inception as the worst kind of mental cruelty was faced by the husband during his honeymoon and thereafter. All his efforts to save the marriage by arranging various meetings, visiting the parental home of the wife…could not save this marriage,” the bench said.

The High Court noted that the marriage was solemnised in January 2004 and the woman had left matrimonial home in April 2004 and thereafter a case was lodged by her against the man and his family members. It noted that the man tried to reconcile the marriage but as she was not agreeable, he filed a divorce petition before a trial court which was contested by the woman.

“Before applying for dissolution of marriage on the ground of cruelty, the husband has shown exceptional patience in dealing with the problem in spite of facing humiliation and scandalous allegations being made against him and his family members,” the bench said.

It also observed that accusations levelled by the woman against her husband and in-laws were not substantiated by any oral or documentary evidence.

“In the case of arranged marriages where both the spouses are in the age group of 30 plus, honeymoon period is the best time to know, understand and come close to each other. This case is an exception in the sense that just a day after the marriage the parties left for their honeymoon to Shimla and returned with bitter memories and a spoiled honeymoon,” the court observed.

For all the latest India News, download Indian Express App

  1. S
    Suseel Sharma
    Jun 14, 2017 at 7:30 pm
    GOOD JOB
    Reply
  2. P
    Prof. P.
    Oct 11, 2016 at 3:56 pm
    There may be many such cases. Only a few come to light when press reports. Feminists should take a note of this. They go after the slogan male-domination. This commentator is a witness to two such cases, one is his university colleague, whose wife was a bank employee. Being a very sensitive man, he was unable to bear the mental humiliation by her, became sick and was hospitalised. Medicines did not cure him. When asked what he wanted, he gave a crisp response "divorce from spouse". Another case was a Bank employee suffering from wife's constant insistence that he should be with her always. He struggled between her and his duty to his employer Bank. Neighbours were the witness to the scene created by her at the time of he getting ready to proceed to his work place. He bore the torture, but did not apply for divorce. She hanged herself to death out of her histrionic rage. When police came to inquire and arrest him, the neighbours rescuei him
    Reply