Wife's Challenge to Divorce Decree Rejected by Appellate Court.
13 March 2024
Divorce Law >> Family Law | Hindu Marriage Act >> Marriage Law
In a recent judgment, the Delhi High Court dismissed an appeal filed by the wife (hereinafter referred to as the "Appellant") contesting the grant of divorce by the Family Court to her husband (hereinafter referred to as the "Respondent"). The estranged couple, married in 1973, had been embroiled in a protracted marital discord marked by allegations of infidelity, financial hardship, and neglect.
The Respondent initiated divorce proceedings in 2014, citing the Appellant's conduct as constituting mental cruelty. His claims centered on her suspicious nature and unsubstantiated accusations of extramarital affairs. The Appellant countered these allegations, asserting desertion and infidelity on the Respondent's part.
The narratives regarding the separation diverged significantly. The Appellant contended that the separation occurred in 2013, while the Respondent maintained they had been living separately since 1980.
Court documents revealed the Appellant had previously filed a Domestic Violence Act petition against the Respondent, which she subsequently withdrew. Additionally, the record reflected a substantial financial settlement received by the Appellant from the Respondent in 2015-2016. Despite this settlement, the Appellant continued to pursue legal action against both the Respondent and his sister.
The Court ultimately ruled in favor of the Respondent. The unsubstantiated accusations made by the Appellant were deemed to constitute mental cruelty. Furthermore, the Court considered the extensive marital discord, the Appellant's ongoing litigation, and her acceptance of a significant financial settlement as compelling evidence of an irretrievably broken marriage with no viable prospect of reconciliation.
This judgment by the Appellate Court dissolves the marriage, bringing a definitive end to the couple's protracted legal battle.