The recent observation by the Delhi High Court highlights that when a spouse attempts suicide and then seeks to assign blame to their husband and in-laws, it constitutes an act of severe cruelty, providing a legitimate basis for seeking a divorce.
Justices Suresh Kumar Kait and Neena Bansal Krishna, in a Division Bench, emphasized that due to such behavior, the husband and his family are consistently vulnerable to being falsely accused and entangled in legal cases.
The Court's observation highlighted that the appellant's actions, involving the attempted suicide followed by shifting blame onto the husband and family members, constitute extreme cruelty. This behavior puts the family at constant risk of being falsely accused and entangled in legal matters.
Therefore, the Bench dismissed the appeal filed by a woman contesting the family court's decision to grant her husband a divorce based on cruelty.
In this particular case, the couple entered into matrimony in 2007 and had a child during their union. However, the husband claimed that the wife departed from their matrimonial home merely four months after their marriage.
It was reported that she lodged a police complaint asserting that a substantial dowry had been given during the marriage, and additionally, excessive demands were being made by the husband's parents. The Court was informed that in December 2009, the wife made an attempt to end her life by consuming liquid mosquito repellent.
After reviewing the allegations, the Bench observed that despite the wife's initial claim of being coerced into writing the suicide note, during her cross-examination, she admitted that her husband was not present at home when she attempted suicide.
The Bench also took note of the fact that the wife had lodged numerous complaints, and despite several cases resulting in acquittals, she persisted in filing appeals with the apparent intention of securing imprisonment for her husband and his family members.
Ultimately, the Court concluded that within the span of their two-year matrimonial life, the parties had scarcely lived together for a total of ten months. Moreover, during that limited period, the Court noted numerous instances of cruelty, such as the wife's initiation of false complaints and engaging in civil and criminal litigation against the husband.
“We therefore, conclude that the learned Addl. Principal Judge, Family Court has rightly held that the respondent was subjected to cruelty by the appellant and granted divorce under Section 13 (1)(ia) of the Hindu Marriage Act," the High Court held.
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