Delhi High Court Upholds Husband’s Appeal, Cites Wife’s Reluctance to Live with Joint Family as Grounds for Divorce
During the hearing of a husband’s appeal against the family court’s decision to reject his plea for marriage dissolution due to alleged cruelty by his wife, the Delhi High Court stated that expecting a wife to perform household duties cannot be considered cruelty. The bench emphasized that requesting a married woman to engage in household chores is an expression of love and affection towards her family, rather than treating her as a maid servant, as established in previous legal precedents. The court highlighted that when couples marry, they typically intend to share future life responsibilities, with husbands often assuming financial obligations while wives take on household duties, as was the case here.
The two-judge bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna heard the matter. The appellant, a member of the CISF, alleged his wife’s non-cooperation with household work, false criminal accusations against him, and abandonment of their matrimonial home. He also claimed pressure from his wife and her parents to live separately from his family. The court noted the husband’s efforts to accommodate his wife’s wishes by living apart from his family to preserve the marriage.
Despite the husband’s attempts, the court observed the wife’s reluctance to live with a joint family and her preference for staying with her parents. The court noted that her actions disregarded marital obligations and deprived the husband of fatherhood opportunities. Based on these considerations, the HC granted the husband a divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, overturning the previous judgment.
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