When it comes to marriage every human being has a right to mental peace and happiness. Marriage is a sacrament which cannot be a one-sided affair and both partners are entitled to equal respect and responsibilities, Delhi High Court observed while dissolving a couple’s marriage on grounds of cruelty and desertion by the husband.
The husband appealed in the high court challenging a family’s court decision to dissolve his marriage on grounds of inflicting cruelty and desertion. The court dismissed the husband’s appeal and gave the observation mentioned up above.
A bench of Justice Hima Kohli and Justice Asha Menon said in their judgement that continuous infliction of cruelty on wife by the husband is selfish and insensitive.
The court said, “this is a typical case that showcases as to what would amount to cruel behaviour on the part of one spouse to the utter detriment of the other.”
The court said:
“Every human being has a right to mental peace, happiness and contentment. Marriage is no doubt a sacrament, but it cannot be a one-sided affair. Both parties to the marriage are equal partners and entitled to mutual respect, sharing of duties and responsibilities, affection, emotional bonding, financial and all other support for the well-being of one another.”
“If the relationship is so bitter and lopsided that the welfare and well-being of one is at the immense cost of the well-being of the other, there can be no sacrament such as that the appellant (man) now harps about,” the bench said.
The woman (wife) got married to the man in 1992 and approached the family court for dissolution of marriage on the same grounds- cruelty and desertion. The plea was allowed by the family court in 2019.
The husband challenged the family court’s decision in the high court on the basis that a woman could not get the benefit of her wrong. According to him, her wife left his company without any solid reason. He also claimed that the differences between them grew because of imbalance in their incomes and education even after she knew about his qualifications at the time of marriage.
He also claimed that they both lived a happy married life for 20 years and now their daughter has turned major and attained the age of marriage, it was not in her interest that divorce petition is allowed as it would ruin her life.
However, the court said that based on records it demonstrates that the wife, made sincere efforts to salvage the marriage or preserve the relationship.
The court also said that the credit of her daughter pursuing a PhD in the UK and got her master’s degree from Switzerland goes to the wife itself.
Under the domestic violence law, the daughter had her father’s 50% contribution towards her master’s degree and job expenses but he contested this court and waited for the court’s direction to pay the amount.
“She (daughter) is doing extremely well in her academics, particularly after October 2011. It may not be incorrect to infer that had he not left the respondent (woman) in October 2011, it may have resulted in the down-spiralling of the future of the daughter, about whose welfare the appellant (man) is now showing such concern,”
the bench said while dismissing the man’s appeal as being meritless.
Libertatem.in is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, Instagram, LinkedIn, Facebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.
