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Synopsis

The Delhi High Court on April 2, 2024, granted divorce to renowned chef Kunal Kapoor, citing cruelty by his wife. Court observed that she made baseless allegations against Kapur and displayed a lack of empathy and dignity towards him, constituting cruelty.

The order was passed in an appeal moved by Kapur challenging a family court’s 2018 order, denying him a divorce. 

The bench of Justices Suresh Kumar Kait and Neena Bansal Krishna unequivocally held that Kapur's wife's conduct squarely fell under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 and the family court "gravely erred" in disallowing his divorce plea.

The bench said, "When such is the nature of one spouse towards the other, it brings disgrace to the very essence of marriage and there exists no possible reason as to why he should be compelled to live while enduring the agony of living together".

During the divorce proceedings, Kapur's wife accused him of infidelity and engaging in extramarital relationships. She claimed he flirted with fans and made unreasonable sexual demands from her once he gained fame.

However, the high court observed that she couldn't provide specific instances or evidence beyond photographs based on her presumptions of Kapur's illicit affairs.

"Such baseless arguments when made about a person who is regularly in the public eye, have long-lasting effects on his reputation and tarnish his image among his peers. Therefore, such an act amounts to cruelty," the court held. 

Moreover, court highlighted a video recording in which Kapur's wife could be seen shouting and growling at him without even bothering that their infant child was crying.

Screaming high and using filthy language, even if not directly abusing the spouse, is too harsh to expect for the spouse at the receiving end to accept it, court held. 

Court noted that the video also revealed that despite Kapur's pleas to avoid fighting in front of their son, his wife kept acting impulsively. "This kind of conduct would no doubt subject a spouse to grave cruelty," said the court. 

Furthermore, court emphasised that after this altercation, Kapur's wife called the PCR but did not lodge the complaint and rather sent the police back stating that it was an internal family matter.

"Had there actually been any grievance against the appellant or his family, she might have not sent the police back. This shows that she had remorse to her conduct and by then understood that she will not be able to prove against her misbehaviour", court held. 

The estranged couple wedded in April 2008 and welcomed a son in 2012. Before the High Court, Kapur, known for his role as a judge on the TV show 'Master Chef,' accused his wife of humiliating him and disrespecting his parents. Conversely, his wife accused him of making false allegations to deceive the court, asserting that he lacked respect for marriage and was dishonest as a parent.