No One Can Be Expected To Live With Constant Abuse Hurled Upon Him: Delhi HC Upholds Divorce Decree Granted To Man
The Delhi High Court has dismissed a woman’s plea challenging the decree of divorce granted to her husband on the grounds of cruelty.
The Court noted that the conduct of the appellant-wife which has been proved on record is of such quality, magnitude and impact as would have caused mental agony, pain, anger and suffering to the respondent-husband
“No person can be expected to live with constant abuse being hurled upon him.”, the bench of Justice Sanjeev Sachdeva and Justice Vikas Mahajan observed.
Advocate Nishit Kush appeared for Petitioner whereas Advocate Priyanka Gupta appeared for Respondent.
The contention of the respondent-husband is that whenever there was a quarrel, the appellant-wife would use the words and humiliate him and his family.
The Court observed that every person is entitled to live with dignity and honour. The Court added that if such words are used against an individual, the same would be very derogatory and humiliating for the individual.
The Court noted that the Family Court noticed that the respondent-husband duly proved the allegations of cruelty and held that the behaviour of the appellant was not cordial towards her in-laws and the husband.
The Court also noted that the Family Court held that the credibility of the evidence of the husband could not be shaken during his cross-examination and that the case of cruelty has been made out.
The Court held that there is no infirmity in the Family Court’s Judgment.
“…we are of the view that there is no infirmity in the finding returned by the Family Court that respondent has been treated with cruelty. We are also satisfied that the cruelty that has been proved on record is sufficient and constitutes cruelty as required under Section 13(1)(i-a) of the Hindu Marriage Act.”, the Court held.
Thus the Court dismissed the appeal.
Cause Title- Deepti Bhardwaj v. Rajeev Bhardwaj (Neutral Citation Nunmber- 2023/DHC/001004)