NEW DELHI: Delhi High Court in a first of its kind order ruled that a wife hiding her medical condition from husband is not only breach of trust but is also a valid ground of granting divorce as the same amounts to cruelty on the husband and his family.
A division bench of Justices Pradeep Nandrajog and Pratibha Rani granted divorce to Ritesh, 32, from his wife Geeta who hid her medical conditions from him before marriage and said, “Cruelty as a ground for matrimonial relief has no parameters, it is subjective and relative, what was not cruelty a few decades back is construed as cruelty today. Cruelty could be mental or physical, direct or indirect, intended or unintended.”
While granting divorce, court also took note of the fact that the couple was living separately for six years and even prior to that she was an occasional visitor to her in-law’s house.
“May be because of the nature of the ailment and the treatment she was undergoing at AIIMS, she felt more safe at her parental home,” the court said.
The court also dismissed allegations by Geeta that her husband is having extra martial affair with his brother’s wife and said, “Such type of aspersions on the character of the respondent/husband or for that matter even on his Bhabhi (sister-in-law) is worst form of cruelty. This way not only she is destroying her matrimonial life but also of the brother of her husband.”