"Husband Viewed Wife As Cash Cow On Getting Job With Delhi Police": Delhi HC Dissolves Marriage On Ground Of Cruelty

Update: 2021-11-06 04:37 GMT

The Delhi High Court has dissolved marriage between a couple by decree of divorce on the ground of cruelty observing that the husband had viewed his wife as a cash cow on getting a job with Delhi Police without any emotional ties.Justice Vipin Sanghi and Justice Jasmeet Singh was dealing with an appeal filed by a wife challenging the Family Court order after observing neither of the grounds...

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The Delhi High Court has dissolved marriage between a couple by decree of divorce on the ground of cruelty observing that the husband had viewed his wife as a cash cow on getting a job with Delhi Police without any emotional ties.

Justice Vipin Sanghi and Justice Jasmeet Singh was dealing with an appeal filed by a wife challenging the Family Court order after observing neither of the grounds of cruelty or desertion was established by her.

The marriage was solemnised between the couple in the year 2000 when the wife was a minor and was 13 years old whereas the husband was 19 year old.

Even after attaining majority in 2005, the wife continued to reside at her parental home till November 2014. During the said period, she was studying and on account of her own merit, was able to secure a job with Delhi Police.

While it was the case of the the wife that her family was trying to persuade the husband to take her to the matrimonial home, he showed no interest in the matter. According to the wife, it was only after the wife got a job with Delhi Police in the year 2014, that the he became interested in calling her to the matrimonial home on account of the fact that she had secured a stable job and income.

"The respondent, it appears, viewed the appellant as a cash cow and became interested in her only after she got the job with the Delhi Police. Such brazenly materialistic attitude of the respondent, with no emotional ties, would have in itself caused mental agony and trauma to the appellant sufficient to constitute cruelty to her," the Court said.

According to the wife, she started living with the respondent in November 2014 while the husband was unemployed and an alcoholic, used to physically abuse her and demanded money.

The husband on the other hand claimed that he funded her education and it was on account of the fact that the the wife had got educated and found a job in Delhi Police, that she did not wish to reside with him.

"From our interaction with the respondent, it has become absolutely clear to us that the interest of the respondent in continuing with the relationship is only on account of the fact that the appellant has a job with Delhi Police, and he views the alleged expenditure – which he claimed he has incurred on the education of the appellant (and which is disputed by the appellant), as an investment, which would not bear fruit in case parties were to part ways with judicial intervention. It is, thus, clear that the respondent is primarily eyeing the income of the respondent which she derives on account of her job from Delhi Police," the Court said.

The Court took note of the fact that there was no explanation as to why the wife was not taken into the matrimonial home soon after she attained majority in the year 2005, and why she had to live with her parents till the year 2014.

Therefore, observing that it was a clear case of perpetration of mental cruelty established against the husband, the Court set aside the impugned judgment and allowed the appeal while dissolving the marriage by decree of divorce under sec. 13(1)(ia) of the Hindu Marriage Act.

Title: SANNO KUMARI v. KRISHAN KUMAR

Click Here To Read Order 


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