Deprivation of Conjugal Relationship ‘Extreme Cruelty’: Delhi High Court Allows Husband's Plea for Divorce The Delhi High Court while granting divorce

The Delhi High Court dismissed the appeal filed by Wife against the judgment of the family court granting divorce to the husband under Section 13 (1)(ia) of the Hindu Marriage Act, 1955  on the ground of cruelty by wife. While dismissing the wife’s appeal, the court observed that the parties, who got married in 2012, were unable to sustain their marriage as they were only able to live together barely for ten months and have been living separately thereafter. The wife had filed various criminal proceedings against the husband and his family including proceedings under Protection of Women from Domestic Violence Act and also made a complaint in CAW Cell which resulted in registration of FIR No.176/2014 under Section 498A/406/506 IPC.
 
The Court observed that:

“For a couple to be deprived of each other’s company and of conjugal relationship, is an act of extreme cruelty,” 

“In every matrimonial relationship, the parties look for companionship, sharing mutual confidence and cohesiveness, but such kind of life permeated by all pervasive fear of false implication cannot in any way nurture a matrimonial relationship; the acts of appellant (wife) would certainly amount to cruelty,”

“The issues may apparently appear to be normal wear and tear of marital life, but the fact remains that the appellant was unable to adjust in matrimonial life, leading to day to day differences and thereby creating an element of dissatisfaction and apprehension in the mind of the respondent (husband),”

“The differences between the parties may have been on small issues, but it is clearly evident that they continued to persist and could not be resolved despite all efforts. These incidents when considered individually may be termed as ordinary wear and tear of matrimonial life but their consistent persistence for months with no solution despite efforts can only be termed as creating mistrust, unhappiness and uncertainty in the matrimonial relationship leading to mental trauma.”

X v. Y