READ ORDER | For Man To See Parents In Custody Even For Single Day Would Have Caused Immense Agony: Delhi High Court Grants Divorce To Man

The Delhi High Court in it’s order dated November 09, 2021 observed that a wife making serious allegations of criminal conduct against her husband and his parents, which she was unable to prove in the trial Court, amounts to an act of “cruelty“.

The Division Bench of Justice Vipin Sanghi and Justice Jasmeet Singh thus upheld the divorce decree granted to the husband by a Family Court and dismissed the wife’s appeal under Section 19 of the Family Courts Act.

Case:

Parties were married according to the Hindu rites & ceremonies In December 2007. One male child was born to the couple in November 2009. The said child is in the custody of the mother (appellant). Disputes arose between the parties which led to the appellant filing the complaint to the CAW Cell, which resulted in registration of FIR under:

• Section 498A
• Section 406
• Section 323
• Section 34

…of the IPC at Women Police Station, Sonepat (in 2013).

Woman had named the husband and his parents in her FIR. The respondent husband and his parents were all taken into custody in the said case. Whereas the respondent remained in custody for three days, his parents were in custody for one day. Eventually, the accused, including the respondent, were acquitted on in Aug 2015. The appeal against the acquittal was filed by the appellant, which too was dismissed in January 2016.

Thus, all serious allegations of criminal conduct made against the respondent and his parents were not proven by the appellant. Premised on the said conduct of the appellant, the Family Court returned a finding that the respondent husband was instead subjected to mental cruelty. Consequently, the decree of divorce has been passed in favour of the respondent and against the appellant.

It was however the case of the appellant-wife that when her husband and in laws had applied for bail, the same was not opposed by her and that she had also filed a petition to seek restitution of conjugal rights under Section 9 of the Hindu Marriage Act.

Delhi High Court

The Delhi High Court has looked at the matter critically and said,

In our view, merely because the appellant may not have opposed the bail application moved by the respondent and his parents, is not sufficient to efface the irresponsible conduct of the appellant. The mere fact that she made serious allegations of criminal conduct against the respondent and his parents – which she could not establish before the Court, was sufficient to constitute acts of cruelty against the respondent.

The court added,

How can the respondent be expected to allow the appellant into his life in these circumstances? The faith and trust – which is the foundation of a matrimonial bond stood completely demolished by the aforesaid conduct of the appellant. For a man to see his parents to be taken into custody and being incarcerated even for a single day would have caused immense and untold pain and agony to him.

Admittedly, the appellant perused her allegations against the respondent and his parents in appeal as well. Did she not know that their conviction would have led to their being sentenced to imprisonment? Therefore, her conduct of not opposing the bail application is neither here, nor there.

Accordingly, the Delhi High Court found no merit in the appeal and dismissed the same.

Cruel Wife Entitled To Alimony

Learned counsel of the appellant wife submitted that she would be entitled to permanent alimony and the husband was obliged to maintain their minor child who was in her custody. He submits that the respondent has not been paying the maintenance to the appellant. He submits that on the said aspect the matter could be resolved through mediation.

The high court issued notice to the husband on the aspect of grant of permanent alimony to the wife and for grant of maintenance for the child.

MDO Take:

• Why should a man be ‘obliged’ to pay alimony to his ex-wife who filed false cases and harassed his family?
• The underlined message given by our courts and judiciary is ‘women need not fear even if they file false and fabricated criminal cases against their husbands, in-laws. Even if the cases are proven to be false, they will be entitled to alimony as their right’
• There is no conviction for such wives, which has only created a society of voluntarily idle fully-abled women trying every possible mean to extort money
• One can conclude, that there is no real justice for Men in India – after years and years of harassment by estranged wives, all they get is a mere divorce
• Women on the other hand, take all chances by filing false cases, because they know either ways they will receive alimony – just the quantum may vary if cases are found to be false 

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