The Delhi high court dismissed the appeal of a wife who had already lost the divorce battle to her husband on the ground of cruelty. Among other allegations, the husband had said his wife frequently visited her parents’ place which lead to an abnormal sex life between them and she did not respect his parents. The wife, on her part, alleged her husband was a womaniser and a drunkard.
Considering the evidence, the high court said they lived together for six to seven years and during that period the wife had frequently visited her parental home and stayed there for long periods of time without any reason. It observed that the physical relationship between them was not normal due to her frequent visits and due to her behaviour. It added the evidence on record established that she had no respect for her husband and his parents.
‘The totality of evidence on record establishes proof of deliberate course of conduct on the part of the appellant (wife) to hurt and humiliate the respondent (husband) and her conduct persisted throughout the period she lived with the respondent. Such a conduct of the appellant constitutes mental cruelty,’ said a bench of Justice Pradeep Nandrajog and Justice Veena Birbal dismissing the appeal of the wife citing various court judgments.
The court also observed that in her written statement in the trial court she levelled allegations of character assassination but did not give any evidence. She had alleged that he had an eye on the maid servant and used to tease her and that he was a womaniser. She had also said whenever she refused to have sex with him, he threatened her saying if she didn’t satisfy him, he would seek satisfaction from outside.
‘Before making allegations she ought to have realised its impact on the mind of the other person as well as his reputation in society. These allegations are also sufficient to constitute mental cruelty. Such allegations of character assassination amount to cruelty,’ said the court.
Suraj (name changed) got divorce from his wife Sweta (name changed) by a trial court. He alleged that from the very beginning of their marriage Sweta spent long periods of time at her parental home and whenever he asked her to come home she got offended. He alleged she did not allow him to have sex with her and and they lived like strangers. He also alleged Sweta used to neglect, misbehave and maltreat his parents. Sweta, however, denied the allegations of cruelty and said Suraj had filed the divorce petition to harass her. She alleged it was her husband who was not interested in staying with her and that he was a drunkard. The two had had got married in 2000 in Delhi. A son was born to them in 2006.
Considering the evidence, the high court said they lived together for six to seven years and during that period the wife had frequently visited her parental home and stayed there for long periods of time without any reason. It observed that the physical relationship between them was not normal due to her frequent visits and due to her behaviour. It added the evidence on record established that she had no respect for her husband and his parents.
‘The totality of evidence on record establishes proof of deliberate course of conduct on the part of the appellant (wife) to hurt and humiliate the respondent (husband) and her conduct persisted throughout the period she lived with the respondent. Such a conduct of the appellant constitutes mental cruelty,’ said a bench of Justice Pradeep Nandrajog and Justice Veena Birbal dismissing the appeal of the wife citing various court judgments.
The court also observed that in her written statement in the trial court she levelled allegations of character assassination but did not give any evidence. She had alleged that he had an eye on the maid servant and used to tease her and that he was a womaniser. She had also said whenever she refused to have sex with him, he threatened her saying if she didn’t satisfy him, he would seek satisfaction from outside.
‘Before making allegations she ought to have realised its impact on the mind of the other person as well as his reputation in society. These allegations are also sufficient to constitute mental cruelty. Such allegations of character assassination amount to cruelty,’ said the court.
Suraj (name changed) got divorce from his wife Sweta (name changed) by a trial court. He alleged that from the very beginning of their marriage Sweta spent long periods of time at her parental home and whenever he asked her to come home she got offended. He alleged she did not allow him to have sex with her and and they lived like strangers. He also alleged Sweta used to neglect, misbehave and maltreat his parents. Sweta, however, denied the allegations of cruelty and said Suraj had filed the divorce petition to harass her. She alleged it was her husband who was not interested in staying with her and that he was a drunkard. The two had had got married in 2000 in Delhi. A son was born to them in 2006.