A bench of Justices Suresh Kumar Kait and Nina Bansal Krishna said, “Nothing can be more painful for a husband than to see his wife widowed while she is still alive and that too in such a state that she is terminally ill.” She is physically injured. And expects nothing but care and compassion from her partner.
Undoubtedly, such behavior of the petitioner/wife can only be regarded as an act of extreme cruelty towards the respondent/husband.” The woman challenged the decision of the family court to grant divorce in favor of the husband in the High Court. The lower court also held that the woman had treated her husband cruelly.
The High Court said, “We have come to the conclusion that the evidence on record proves that there is no scope for reconciliation between the parties and that such prolonged separation, false accusations, police reports and criminal trials amount to mere mental cruelty.” is called.”
He said, “The marital discord between the parties has grown to such an extent that trust, understanding, love and affection between the two parties has completely disappeared. This volatile relationship is mired in bitterness, irreconcilable differences and protracted litigation, and the insistence on maintaining this relationship will lead to further brutality against both parties.”
It says that the basis of any marital relationship is cohabitation and marital relationship. The couple married in April 2009 and had a daughter in October 2011. A few days before giving birth to the baby girl, the woman left her in-laws.
The husband filed for divorce in the family court claiming that since the beginning of their married life, his wife had been indifferent towards him and had no interest in fulfilling her marital responsibilities.
He alleged that his wife refused to do housework, forcing the husband’s father to do routine work like cooking. The woman has denied the allegations leveled by her husband.
The husband alleged that his wife used to get angry on small things and fight with the family. She claimed that once she refused to fast ‘Karwa Choth’ because her husband did not recharge his mobile phone. Hindu married women fast for the longevity and well-being of their husbands.
The husband said that in April 2011, when he was suffering from a slipped disc, instead of taking care of him, his wife removed the vermilion from his forehead, broke his bangles and put on a white suit, announcing that she had become a widow.
The High Court termed the incident as “the final step in negating marital relations”, but the bench clarified that whether or not to fast on ‘Karva Choth’ can be a personal choice and if considered objectively, this cannot be termed as an act of cruelty.
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