While granting divorce to a woman on the grounds of cruelty and desertion by the man, the Delhi High Court has held that No law gives the right to a husband to beat and torture his wife.

In the said matter, it has been proved that the man failed to resume companionship with his wife and not only did there exist physical separation but it was also coupled with "animus" of not bringing her back to the matrimonial home.

Considering the woman's medical records, the high court ruled that in the absence of any counterargument from the man, it must be concluded that the woman's account of experiencing physical assault is substantiated by the medical documents.

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

"Merely because the parties got married and the respondent (man) was her husband, no law gave him the right to subject his wife to beatings and torture. Such conduct of the respondent necessarily qualifies as physical cruelty entitling the appellant (woman) to divorce under Section 13(1) (ia) of the Hindu Marriage Act (HMA), 1955," the Court said.

The court noted that the man, who was present before it at the time of the passing of the verdict, had no objection to the grant of divorce.

"We accordingly find merit in the appeal and the marriage between the appellant and the respondent is hereby dissolved," the bench said.

Case Brief -

The Court was reviewing an appeal brought forth by the woman who contested the ruling of a family court. The family court had rejected her request for a divorce from the man, citing allegations of cruelty and abandonment as the grounds for her petition.

The Court observed that the woman had testified that she was left at her parents' home on May 11, 2013, in an injured state, and despite her attempts, the man declined to bring her back to their marital residence.

"It is proved that the respondent had failed to resume the companionship with the appellant and thus not only there exist physical separation but it was also coupled with 'animus' of not bringing back the appellant to the matrimonial home.

"The respondent had no intention of resuming the matrimonial relationship which also got reflected when he chose not to contest the petition. The petition for divorce has been filed after more than two years of separation and therefore the appellant is also entitled to divorce on the ground of desertion under Section 13 1 (ib) of the HMA," the high court said.

The woman asserted that shortly after their marriage, she experienced both physical and psychological abuse, enduring various forms of mistreatment. She endured these hardships while holding onto the hope that, with time, the situation would improve.

However, according to her plea, the man and his family members escalated their cruel behavior over time. It was alleged that their motive was to force her out of the marriage so that the man could marry into a wealthier family.