The Delhi High Court, in granting a divorce decree in favor of a man due to cruelty inflicted by his estranged wife, has emphasized that targeting a father-daughter relationship with vindictiveness constitutes severe cruelty towards the father and profound inhumanity towards the child.

The high court asserted that regardless of the depth of differences between spouses, there is no justification for one spouse to deliberately incite animosity and hostility in the child against the other spouse.

In their judgment passed on February 28 and made available on the court's website on Friday, a bench comprising Justices Suresh Kumar Kait and Neena Bansal Krishna stated that targeting a father-daughter relationship with vindictiveness is not only an act of extreme cruelty towards the father but also constitutes gross inhumanity towards the child

The high court issued the order in response to a plea filed by a man challenging the decision of a family court that denied him a divorce.

“We, hereby conclude that the appellant (man) has been able to prove cruelty at the hands of the respondent (woman). We hereby set-aside the impugned judgment dated October 19, 2018 and grant divorce on the ground of cruelty under ... (Hindu Marriage Act),” the bench said.

The couple married in May 1998 and had two daughters. The man, who had previously served in the Indian Army, alleged that there were ongoing issues between them. He claimed that the woman had left their matrimonial home multiple times and would frequently involve the police on "false and frivolous" pretexts, leading to his humiliation, mistreatment, and cruelty.

On the other hand, the woman asserted that, despite being a highly qualified engineer, her husband has a short temper. She alleged that he frequently subjected her and their two daughters to "physical and mental violence." She claimed that despite her respectful demeanor towards the elders in the family and her responsible fulfillment of duties, her husband mistreated her. She further alleged that she left their matrimonial home with her children after being expelled and began residing in her parental home.

The high court noted that disagreements between adults can stem from various reasons, including temperamental or factual differences. However, the court highlighted the woman's irrational behavior, particularly in involving an eight-year-old child in their disputes.

The court emphasized that while a person may exhibit qualities of being a "bad husband," it doesn't automatically translate to them being a "bad father."

The act of the woman in trying to turn the children against their father and even making the daughter write a complaint against him is a clear case of “parental alienation” which in itself is an “act of grave mental cruelty”, the bench said.

“Nothing can be more painful than experiencing one's own flesh and blood i.e., the child, rejecting him or her. Such wilful alienation of the child amounts to mental cruelty,” it said.

“This dead relationship has become infested with acrimony, irreconcilable differences and protracted litigations; any insistence to continue this relationship would only be perpetuating further cruelty upon both the parties,” the bench said.