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Synopsis

While upholding a family court’s order granting divorce to a man, the Delhi High Court recently observed that “false allegations” of dowry harassment and rape against the husband’s family is an “act of extreme cruelty” which cannot be condoned.

A division bench comprising Justice Suresh Kumar Kait and Justice Neena Krishna Bansal dismissed a wife’s appeal against the family court order. The bench observed, “Making serious allegations of not only dowry harassment but of rape against the family members of the respondent (husband) which are found to be false, is an act of extreme cruelty for which there can be no condonation”.

The bench said,

“The learned Principal Judge (family court) has rightly referred to the respective testimony of the parties to conclude that there was no evidence to show that the marriage was not consummated but there was sufficient evidence to prove that there was reluctance on the part of the appellant who was never forthcoming for cohabitation”.

Court noted that in this case, the parties had been residing separately since 2014 which proved that they are unable to sustain a matrimonial relationship thereby depriving each other of mutual companionship and conjugal relationship. “Such separation of almost nine years is an instance of ‘utmost mental cruelty’ asking for immediate severance of the matrimonial relationship on the ground of cruelty under the Hindu Marriage Act”, the court added.

After the couple got married on November 24, 2021, the woman left her husband’s house on February 19, 2014. The husband had deposed that his wife did not allow the consummation of marriage and she never cooperated in cohabitation and slapped and kicked him whenever he sought to establish a sexual relationship.

The family court had granted divorce on the man’s petition under the Hindu Marriage Act on the ground of cruelty and marriage between the man and woman was dissolved. The wife then moved an appeal before the high court against the family court order.

The high court said that the parties had been able to live together for only about thirteen months and had not been able to sustain their matrimonial relationship.

“It cannot be overlooked that making serious allegations of not only dowry harassment but of rape against the family members of the respondent (husband) which are found to be false, is an act of extreme cruelty for which there can be no condonation,” the bench said. 

“For a couple to be deprived of each other's company and conjugal relationship is an extreme act of cruelty as has also been endorsed by the Apex Court”, it said.

The court further said that it needed no reiteration that the bedrock of any matrimonial relationship is cohabitation and conjugal relationship and for a couple to be deprived of each other’s company, proves that the marriage cannot survive, and such deprivation of conjugal relationship is an act of “extreme cruelty”.

Finding no infirmity in the family court, the bench dismissed the wife’s appeal. “The family court has therefore rightly concluded that the respondent was entitled to divorce on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955,” the court said in its order dated August 22, 2023.

Case Title: Anju v. Sandeep