Delhi High Court has upheld a family court's decision to grant a divorce decree to a husband on the grounds of mental cruelty inflicted by his wife. The court has deemed false allegations of an illicit relationship to be the "ultimate kind of cruelty," reflecting a grave breach of trust that is essential for the sustenance of any marital relationship.

The verdict came from a division bench composed of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna. The bench unanimously dismissed the wife's appeal against the family court's judgment, which was issued on January 28, 2019. This original ruling granted the husband's divorce petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, on the basis of cruelty inflicted by the wife.

The couple, who had been married since March 2009 and were parents to a daughter born in the subsequent year, had faced a tumultuous journey leading to their separation. The husband alleged that he had been subjected to a series of cruel actions by his wife, which ultimately prompted her to leave their matrimonial home in March 2016.

The court underscored the husband's "unrebutted testimony," which shed light on the wife's propensity to initiate arguments over trivial matters and her unwavering "adamant attitude," even in the face of attempts by the husband to communicate and reason with her.

Highlighting the significance of cohabitation as the foundation of matrimonial bonds, the court noted instances of the wife's extended absences from their shared living space without informing her husband. This, in turn, led to a deprivation of cohabitation, which the court regarded as a severe form of cruelty. It acknowledged that seemingly minor disputes, when accumulated over time, could not only disrupt mental equilibrium but also become a consistent source of emotional distress.

The court further considered the husband's assertion that the wife had attempted suicide by jumping from a balcony, an incident in which he had intervened and prevented harm. The court stressed that such threats of self-harm not only adversely affected the husband's mental well-being but also had a detrimental impact on the overall conjugal relationship.

Additionally, the court addressed the wife's accusation of the husband's involvement in an extramarital affair. It concluded that no substantial evidence had been presented to substantiate this claim, characterizing it as a "decisive factor" that contributed to the irretrievable breakdown of the marital bond.

Concluding its judgment, the court upheld the family court's decision, considering it well-reasoned and based on sound reasoning derived from the incidents presented. As a result, the court found no grounds for interference and dismissed the wife's appeal.

Case Title: LK v. OPM