Delhi HC grants divorce to man over mental cruelty by wife's 'non-adjusting attitude'

New Delhi, Jan 23: The Delhi High Court has granted divorce to a man, citing mental cruelty inflicted by his wife's "non-adjusting attitude".

A division bench of Justices Suresh Kumar Kait and Neena Kumar Bansal set aside a family court order that had initially refused the divorce plea by the husband.

The court allowed the husband's appeal, saying that sustained and unjustifiable conduct affecting the physical and mental health of a spouse can constitute mental cruelty.

The couple, married in 2001, separated after 16 years of living together. The husband alleged cruelty by his wife, while the wife claimed that he and his family demanded dowry.

The high court concluded that the discord between the parties was not normal wear and tear of marriage but acts of cruelty toward the husband.

It stated that the wife's unproved allegations of dowry demands and baseless accusations of the husband having illicit relationships with colleagues and friends caused mental pain, constituting grave cruelty.

"The incidents, though may not be of much significance when viewed in isolation, but when viewed together clearly depict a non-adjusting attitude of the respondent/wife who had no maturity to sort out the differences with the husband without his public humiliation due to which the appellant suffered mental cruelty," the court said.

It observed that no fruitful purpose would be served in continuing the marital relationship, granting divorce on the grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

"... the appellant (husband) has been subjected to cruelty during his matrimonial life and no fruitful purpose would be served in flogging a dead horse. We, therefore, set aside the impugned judgement and grant divorce on the ground of cruelty...," the court said.