Refusing To Fast For A ‘Karwa Chauth’ And Not Acknowledging Husband Is A Source Of ‘Great Mental Agony’: Delhi High Court






A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal of Delhi High Court while upholding a family court’s order granting divorce to a husband, held that constant rejection or not acknowledging husband by a wife is a source of ‘great mental agony’.

“Such disconnect and constant rejection of any relationship or non acknowledgment of the respondent as a husband is again a source of great mental agony for a husband,”

The couple got married in the year 2011, after 6 months of the marriage they started living separately.

Husband in his testimony deposed that his wife had refused to keep ‘Karwa Chauth’ for him by stating that she considered another man as her husband.

The family court granted divorce to the husband on the ground of the mental cruelty by wife, after which the appeal was preferred by the wife against the family court’s order.

It is noted by the bench that the wife on the two occasions extended threats of committing suicide.

“Such threats are likely to affect the peace of mind and take a toll on the mental wellbeing of the respondent and thus, the learned Principal Judge had rightly held this behaviour of the appellant to be an act of immense cruelty”.

While upholding the family’s court order, justice said “A relationship of marriage rests on mutual trust, respect and companionship and the acts of the appellant, as discussed above, clearly establish and proves that these elements were totally missing from their marriage, essentially on account of the conduct of the appellant.”

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