Acting Like a Widow While Husband is Alive is 'Extreme Cruelty' : Delhi HC

Acting Like a Widow While Husband is Alive is 'Extreme Cruelty' : Delhi HC

The Delhi High Court emphasized that witnessing a wife exhibit widow-like behavior while her husband is alive is an immensely distressing experience for the husband. The court expressed that such conduct constitutes a form of "extreme cruelty."

The court in the said matter emphasized that denying a spouse the intimate bond essential to marriage can be detrimental to the relationship's survival. Such deprivation was stated to be an act of cruelty within the marriage.

“Nothing can be a more harrowing experience for a husband than to see his wife act as a widow during his lifetime, that too in a situation where he was seriously injured and expected nothing more than care and compassion from his significant other half.''

The matter was heard before the division bench of Justices Suresh Kumar Kait and Neena Bansal Krishna.

The High Court's ruling was delivered while rejecting a woman's appeal that contested a family court's decision granting divorce in favor of her husband. The court upheld the decision based on findings that she had exhibited behavior amounting to cruelty towards her husband.

“We thus, conclude that the evidence on record proved that there is no chance of reconciliation between the parties, and such long separation peppered which false allegations, police reports and criminal trial can only be termed mental cruelty.

The couple married in April 2009 and welcomed a daughter in October 2011. However, the woman departed from their marital home a few days before giving birth to their child.

The husband initiated a divorce petition in the family court, asserting that from the onset of their marriage, his wife displayed indifference towards him and showed no inclination to fulfill her marital responsibilities. He alleged that her refusal to engage in household duties led to his father having to manage routine tasks, such as cooking meals.

The woman denied the allegations, stating that it was her husband who had encouraged her to visit her parental home, from where she returned after three days. Additionally, she dismissed the claim that she stayed away from their marital home for a duration of 147 days.

The husband alleged that his wife would become upset over trivial matters and engage in disputes with his family. He cited an instance where she refused to observe the traditional "karwachauth" fast for his longevity and well-being because he had not recharged her mobile phone. "Karwachauth" is a customary Hindu ritual where married women fast for the prosperity and longevity of their husbands.

Describing another incident, the man recounted that in April 2011, during his struggle with a slipped disc, his wife, instead of providing care and support, symbolically expressed her disassociation by removing the vermillion from her forehead, breaking her bangles, and donning a white suit, signifying herself as a widow.

The High Court called it “an ultimate act of rejection of matrimonial relationships, reflecting her intention of repudiation of the matrimonial relationship.”.

“However, when coupled with the conduct of the wife and in the circumstances as proved by the husband in the present case, it is established that non-conforming with the prevalent rituals of Hindu culture, which symbolize love and respect for the husband as well as the matrimonial relationship, fortifies the irresistible conclusion that the wife had no respect for the husband and their marital bond,” it said.

The court said it also reflected that the wife had no intentions of continuing the marriage.
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