The Delhi High Court, in granting divorce to the husband based on mental anguish, emphasized that either spouse lodging defamatory complaints against the other with their employer, intending to damage their professional standing and financial stability, constitutes cruelty.
A bench headed by Justice Suresh Kumar Kait said making such complaints shows a lack of mutual respect and goodwill, which are important for a healthy marriage.
The appellant husband challenged the order of the family court refusing to divorce her, saying that she had suffered severe mental torture and agony in the relationship. He alleged that the wife sent complaints to his employer with the intention of embarrassing and humiliating him in front of colleagues.
The bench noted that as these complaints were lodged after the separation of the spouses, neither the husband nor the wife could be absolved of the wrongdoing of subjecting each other to cruelty.
The court mentioned that the parties were married according to Hindu customs and ceremonies in January 2011 but had been living separately since September 2011. Additionally, the court considered the husband's claim that the wife had sent a message to her father-in-law containing derogatory language.
The Court concluded that the wife's behavior inevitably led to serious anxiety in the husband's mind, disrupting his mental peace and rendering it unfeasible for both parties to sustain their marital bond.
The bench said such incidents create an atmosphere of tension and instability in marital relations, causing emotional loss to both the parties.
The court said that the wife filing a petition for restitution of conjugal rights and then not acting on it was a deliberate attempt to delay the divorce proceedings. Due to which the appellant husband had to face further harassment.
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