The Delhi High Court in a recent observation said that a wife leaving her husband or the home of in-laws repeatedly without any fault of the husband amounts to cruelty by the wife against her husband. The court said that such an act involves mental cruelty.
A bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna made this observation. The court made the observations while hearing a case of divorce.
The court also granted divorce to the man in the case under the Hindu Marriage Act, 1955, reported Bar and Bench. The court granted divorce on the grounds of cruelty, said the report.
The court said in its obeservation that the wife in the case had repeatedly deserted the house of in-laws and husband even when there was no fault on the part of the husband. The court also remarked that the man had to tolerate this for no fault of this.
The court also said that respect for each other and devotion were important qualities for a marriage to flourish and strengthen.
The court also remarked that repeatedly separating from one's partner only weakens the foundation of a marriage and harms the important aspect of trust.
The couple had got married in 1992, said the report.
The man had filed a divorce plea in a family court in 2017. The family court rejected the petition. The man then filed an appeal in the High Court.
The man told the High Court that his wife's behaviour was irregular and that she subjected him to cruelty by deserting him at least six times.
Shocking Detail
In the court, the man informed how in 2011, the wife all of a sudden said that she considered the husband his brother from now on and even tied a rakhi on his hand.
Wife Claims Husband Was Cold To Her
The wife didn't deny the acts of cruelty but also said that the husband and his parents were "cold" to her, says the report. She also alleged humiliation by family members of her husband.
The woman also said that it was the husband who had dropped her to the wife's house several times.
Court's observations
The court said that there was proof that the wife was unhappy with her mother-in-law's behaviour and that it made her feel bad at her matrimonial home.
However, the court also said that there was "no proof" of husband's cruelty against the wife and for wife repeatedly leaving her in-laws house.
