In a significant ruling, the Delhi High Court has reiterated that prolonged separation in a marriage can be grounds for divorce under the Hindu Marriage Act, 1955, as it constitutes mental cruelty. The Court dissolved a marriage of 16 years, emphasizing that keeping parties bound in such circumstances only prolongs their suffering.
Background of the Case:
The case involved a couple who married in April 2008. However, their relationship began to deteriorate, leading to the wife leaving the matrimonial home in April 2012. The couple, who have no children from the marriage, have been living separately for over a decade.
In November 2012, the wife filed a petition under Section 13(1)(ia) of the Hindu Marriage Act, seeking a divorce on the grounds of cruelty. Her allegations included the husband’s habitual drinking, involvement in gambling, and financial demands for dowry. The Family Court initially dismissed the petition in March 2023, as the wife could not substantiate her claims with sufficient evidence.
Legal Issues:
The primary issue before the Delhi High Court was whether the long separation between the parties constituted mental cruelty, thereby justifying the dissolution of the marriage under Section 13(1)(ia) of the Hindu Marriage Act.
Court’s Decision:
The Delhi High Court, comprising Justice Rajiv Shakdher and Justice Amit Bansal, overturned the Family Court’s decision and granted the divorce. Citing the precedent established in Samar Ghosh v. Jaya Ghosh (2007), the Court acknowledged that prolonged separation is a valid ground for divorce, indicating that the marriage had irretrievably broken down.
The Court observed, “Long continuous separation is a facet of mental cruelty; severing ties, in the long run, may do more good than bad to the coupleโs psychosocial health.” This statement reflects the Court’s understanding of the psychological toll that a prolonged, unworkable marriage can have on both parties.
The Court dismissed the husband’s argument that granting a divorce would bring dishonor and stigma upon him and his family, stating that such concerns are unfounded in modern society. The Court stressed that the continuous mental agony caused by an unworkable marriage is far more detrimental.
Key Observations:
The High Court noted that the Family Court had mistakenly focused on determining fault rather than recognizing the irreparable breakdown of the marriage. The judgment reinforced the principle that long separations, without hope of reconciliation, constitute mental cruelty.
In light of these findings, the Delhi High Court decreed the dissolution of the marriage under Section 13(1)(ia) of the Hindu Marriage Act, concluding that any further continuation of the marriage would only perpetuate mental cruelty.
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Case Details:
Case Number: MAT.APP.(F.C.) 261/2023 & CM APPL. 46373/2023
Bench: Justice Amit Bansal and Justice Rajiv Shakdher
Counsel for the Appellant: Dr. Ashutosh, Ms. Swati Gupta, Ms. Monal, and Ms. Fatima.
Counsel for the Respondent: Mr. Sumit Kumar Khatri.
