Nainital, Sep 19 (PTI) Uttarakhand High Court has upheld a Family Court’s decision to dissolve the marriage of a Chandigarh-based former Additional Advocate General for the Punjab and Haryana High Court and her lawyer husband, who is associated with a Delhi law firm, observing that the husband successfully proved the case of mental cruelty.
A division bench comprising Chief Justice Manoj Kumar Gupta and Justice Subhash Upadhyay on Friday dismissed the wife’s first appeal challenging the divorce order passed by the Dehradun Family Court on April 5, 2024.
The High Court also directed the man to pay Rs 70 lakh for the care and education of their minor daughter and Rs 40 lakh to the wife as permanent alimony.
The couple was married on March 3, 2014, and their daughter was born in September 2015. They began living separately in April 2016. In November 2016, the husband filed a divorce petition under the Hindu Marriage Act on grounds of cruelty and desertion. The Family Court granted the divorce in 2024, after which the wife challenged the decision in the High Court.
The High Court considered allegations that the wife mistreated the husband, his parents, relatives, colleagues, and senior officials; repeatedly pressured the husband to quit his corporate law practice and move to Chandigarh; insisted that the husband undergo medical examinations; and attempted to alienate the husband and their daughter from his parents.
Apart from appearing as a witness himself, the husband presented his parents and a lawyer in his support, whereas the wife was the sole witness on her behalf.
The bench rejected the wife’s contention that the allegations merely reflected ideological differences and the kind of minor squabbles common in marital life. The court observed that repeated humiliation in the presence of colleagues and acquaintances can severely impact a spouse’s dignity and mental health, particularly when both parties belong to the legal profession.
The bench held that this conduct went beyond the scope of ordinary marital discord and amounted to mental cruelty.
The court also noted that the parties have been litigating since 2016 and living apart for over a decade. It observed that multiple attempts at reconciliation before the Family Court, the High Court, and the Supreme Court had failed.
While upholding the divorce decree, the High Court granted custody of the minor daughter to the mother and recognised the husband’s visitation rights. PTI DPT APL APL
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