New Delhi: “A wife should not be a constant reminder of one’s financial limitations,” said the Delhi High Court Tuesday while refusing to entertain a wife’s appeal against a divorce granted by a lower court in a 16-year-old case.
Justices Suresh Kumar Kait and Neena Bansal were hearing the wife’s appeal against a divorce granted by a family court in 2019 on the basis of alleged mental cruelty towards the husband, including consistent taunts, shredding of their marriage photographs, and the abuse of their child.
While refusing to interfere with the divorce order, the judges said that the family court’s decision was correct in light of the circumstances of the case.
“Pressurising spouse to fulfil distant and whimsical dreams clearly not within his financial reach may create a sense of persistent dissatisfaction which would be sufficient mental strain to drain the contentment and tranquility out of any married life,” the HC observed.
In the divorce petition filed by the husband before the family court in the year 2008, he had contended that his wife’s allegations of unfaithfulness, the physical abuse of their child to instigate him, her consistent taunts and an accommodative attitude amounted to a case of “cruelty” under law.
To support his contentions, the husband had narrated several events in his petition, including the wife’s public remarks that he was in an “illegal relationship” with another woman and consistent taunts about his financial capabilities throughout their marriage. He also submitted that the wife tore their marriage photographs and consistently beat their child to instigate the husband.
He claimed that throughout their marriage, he took good care of his wife and continued with the marriage in the hope that the matter would eventually settle. On the other hand, the wife denied all allegations and claimed that the divorce petition was solely filed to harass her and that she had been a “dutiful wife” throughout their marriage.
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‘Quarrelsome, extremely disrespectful’
In 2019, the family court had allowed the divorce on the basis of the evidence presented before it and the examination of witnesses such as the couple, the husband’s parents and sisters, and the wife’s nephew.
“She was quarrelsome as well as extremely disrespectful towards the respondent and his family members and also that her conduct was not proper with the sister-in-law while they were residing with them initially in Delhi,” the HC order notes, referring to observations of the family court.
The HC noted that the evidence suggested that she refused to adjust to the husband’s financial limitations and the circumstances demonstrated a case of cruelty.
“She dreamt of a high society life and refused to adjust in the limited resources which led to frequent quarrels with the respondent,” noted Justice Bansal.
He also noted that various allegations, such as the physical assault of the child, shredding of marriage photographs, disrespectful attitude towards her sister-in-law, and consistent taunts towards the husband have not been refuted by the wife.
“The record shows that the entire testimony of the respondent/husband in regard to the quarrelsome nature of the appellant, suspicion and allegations against his character and her failure to discharge her matrimonial obligations inter alia has remained unrebutted,” observed the court.
It referred to various cases of the Supreme Court to discuss the relevant tests for mental cruelty, which includes an assessment of the nature of the cruel treatment, the impact on the complaining spouse, and a reasonable apprehension of injury or harm to the complaining spouse.
Applying the criteria, Justice Bansal added that the wife’s acts of indifference, consistent taunts, and disrespectful attitudes would cause a “disquiet” in the mind of the husband.
The court also said that the overall conduct of the wife led to an “irresistible conclusion” that her conduct impacted the husband’s mental equilibrium.
“Though these incidents may seem to be innocuous, insignificant or trifling when considered independently, but when such conduct prevails over a period of time, it is bound to create mental stress of the kind, which makes it impossible for the parties to survive in their matrimonial relationship…,” the HC concluded.
Akshat Jain is a student of the National Law University, Delhi, and an intern with ThePrint.
(Edited by Zinnia Ray Chaudhuri)
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