A bench of Justices Suresh Kumar Kait and Neena Bansal Krishna stated that the prolonged separation of over 11 years, marked by false allegations, itself constitutes an act of cruelty.
The estranged couple, married in November 2011, faced issues within six months of marriage.
The man claimed that his wife pressured him to visit her parental home, threatening self-harm if he refused. When she left the matrimonial home, she adamantly refused to return, he said.
In response, the woman alleged cruelty and harassment for not bringing enough dowry, stating that she was left at her parental home with no effort from her husband and his family to take her back.
The high court observed that despite the brief duration of the marriage, conciliatory efforts by the husband and legal notices failed to facilitate reconciliation. It noted adjustment issues between the parties and the absence of evidence showing the woman’s willingness to return to the matrimonial home.
While a charge sheet under Section 498A (cruelty to a married woman) of the Indian Penal Code was filed, the court found no cogent evidence substantiating the allegations of dowry harassment or an attempt to kill the wife.
The court concluded that the prolonged separation, coupled with false allegations, amounted to mental cruelty, and any insistence on continuing the relationship would only inflict further cruelty. Consequently, the divorce was granted on the grounds of cruelty.
IANS
