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New Brides not taking the endeavor for household chores or not willing for a physical alliance not to be counted as intentional cruelness: Delhi HC

Lawstreet Journal 1 Jul 2020 11:38pm

Image courtesy: Lawstreet Journal Judiciary New Brides not taking the endeavor for household chores or not willing for a physical alliance not to be counted as intentional cruelness: Delhi HC

The division bench of justices Hima Kohli and Asha Menon was hearing the Appellant- husband being aggrieved by the order by the judgment dated 30th August 2019 of the Family Court, Dwarka. The petition was dismissed by the court who was seeking dissolution of marriage with the Respondent No. 1 under section 13(1)(i) and (ia) of the Hindu Marriage Act, 1955. The Delhi High Court observed that “such conduct of the respondent-wife of being interested in remaining in her room or not showing initiative in doing household work can be by no stretch of imagination be described as cruel behavior and that too upon the appellant/husband”. 

The court further stated that with respect to the physical relationship between the Appellant-husband and Respondent-wife except for initial reluctance to have any physical relationship with the Appellant-husband there was no reiteration of any such circumstances further. Therefore, this ground cannot be made available to the Appellant-husband to claim “cruelty”.

The court noted that “cruelty” amounts to different to every different individual and differs from person to person. This has been the subject matter of several decisions of the SC. 

The Affidavit filed by the Appellant-husband stated several acts of cruelty by the Respondent-wife and it was difficult for the court that what impacted him as cruelty. The judgment narrates that the accused the Respondent No. 1-wife of having been (i) ‘rude’ and of a ‘cruel behavior’ immediately after the marriage; (ii) of her picking up quarrels with every family members on trivial matters; (iii) of her… Continue Reading...


Tagged: Delhi High Court  
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