Wife's Repeated Absence From Matrimonial Home, Subsequent Institution Of Multiple Complaints Amounts To Cruelty: Delhi High Court

The Delhi High Court has ruled that a wife's repeated absence from the matrimonial home and subsequent institution of multiple complaints against the husband and his family members amounts to cruelty. A division bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar said that the persistent deprivation of conjugal companionship constitutes an extreme form of cruelty. The Court upheld a family court order granting a decree of divorce to the husband under Section 13(1)(ia) of the Hindu Marriage Act on the ground of cruelty by wife. Dismissing the wife's appeal, the Court noted that she repeatedly absented herself from the matrimonial responsibilities without consent and denied marital intimacy. “It is axiomatic that cohabitation and discharge of marital duties form the bedrock of marriage; their persistent denial not only demonstrates an irretrievable breakdown of the union but also amounts to cruelty warranting judicial intervention,” the Court said. Further, it added that all the three FIRs lodged by the wife against the husband and his family members were only after the institution of his divorce petition. The Court said that the timing of the complaints, filed subsequent to the divorce proceedings, cannot be ignored in evaluating their credibility and context.“In the present case, the Appellant's conducts, which include her prolonged refusal to cohabit, persistent denial of conjugal relations, repeated absences from the matrimonial home, and subsequent institution of multiple complaints, taken together, reflect a continuous and deliberate pattern of behavior causing mental suffering to the Respondent, thereby satisfying the requirements of “cruelty” under Section 13(1)(ia) of the HMA,” the Court said. “Such sustained neglect of marital obligations, coupled with acts designed to exacerbate discord, eroded the very foundation of the matrimonial bond,” it added.The Bench further noted that the husband's access to his son was systematically frustrated by the wife, despite his continued endeavors. It said that the deliberate alienation of the minor child from the husband was a serious form of psychological cruelty. “The use of a child as a tool in matrimonial conflict not only injures the affected parent but also corrodes the child‟s emotional well-being, striking at the very root of familial harmony,” the Court said.Title: X v. YCitation: 2025 LiveLaw (Del) 1171Click here to read order

Wife's Repeated Absence From Matrimonial Home, Subsequent Institution Of Multiple Complaints Amounts To Cruelty: Delhi High Court

Nupur Thapliyal

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