HC: Use of Derogatory and Humiliating Words by Wife for Husband amounts to Cruelty, Divorce granted

 

Repeated use of derogatory and humiliating words by a wife against her husband and his family amounts to cruelty and is grounds for divorce, the Delhi High Court observed earlier this month.

The High Court's observation came on February 9 after a woman challenged a family court's divorce order, stating that the allegations of cruelty against her were unsubstantiated and no dates were mentioned as to when the alleged cruelty had happened, as per a report by Hindustan Times.

A bench of justices Sanjeev Sachdeva and Vikas Mahajan, however, said that every person is entitled to live with dignity and honour, and no one can be expected to live with constant abuse being hurled upon them, as per the report.

The court said, “We are also satisfied that the cruelty that has been proved on record is sufficient and constitutes cruelty as required under Section 13(1)(i-a) of the Hindu Marriage Act. Consequently, we find no infirmity in the judgment allowing the petition and granting divorce on the ground of cruelty. We, accordingly, find no merit in the appeal. The appeal is consequently, dismissed,” the court said.

“Every person is entitled to live with dignity and honour. If the words as stated… are used against an individual, the same would be very derogatory and humiliating for the individual. The contention of the husband is that whenever there was a quarrel, the wife would use the words and humiliate him and his family…Repeated use of words of the nature as extracted… are clearly humiliating and would certainly amount to cruelty. No person can be expected to live with constant abuse being hurled upon him,” the bench said.\nOn the woman's argument that specific dates and times were not mentioned, the court said that this would lose significance as the man, in his evidence, stated that whenever a quarrel would take place, the woman would use abusive words against him and his family implying that the words have been used repeatedly."

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