Delhi High Court: Wife's Refusal to Live with Husband's Family, Abandonment of Home Cited as Grounds for Divorce

 

The Delhi High Court has granted divorce to a husband on the grounds of cruelty by his wife, citing her refusal to live with his family and abandonment of their matrimonial home.

The court observed that while expecting a wife to perform household chores doesn't constitute cruelty, the wife's insistence on living separately from the husband's family, coupled with her alleged abandonment of the home, were deemed acts of cruelty justifying the dissolution of the marriage.

Judgement Highlights:

• The husband, a CISF officer, appealed a family court decision denying his divorce petition based on his wife's alleged non-contribution to household chores, abandonment of the home, and filing false criminal cases against him.
• The court acknowledged the husband's obligation to care for his aged parents and emphasized that separating from them after marriage is not a desirable practice.
• It clarified that expecting a wife to perform household chores cannot be equated to demanding the work of a maid, as it can be considered an expression of love and care for the family.
• The court noted that the wife's demand for separate living, coupled with her frequent stays with her parents, created a sense of insecurity in the husband and indicated a lack of commitment to the marital bond.
• While filing a criminal complaint doesn't necessarily constitute cruelty, the court noted the seriousness of uncorroborated allegations.
• The court acknowledged the husband's attempt to save the marriage by arranging separate accommodation and viewed the wife's continued absence as a disregard for her marital obligations and a deprivation of the husband's right to fatherhood.

Ruling and Reasoning:

The court concluded that the wife's actions subjected the husband to cruelty, setting aside the lower court's decision and granting him divorce under the Hindu Marriage Act. This case highlights the court's consideration of various factors beyond household chores when evaluating claims of cruelty in a marriage, including a spouse's willingness to fulfill their marital obligations and contribute to a shared life.