NEW DELHI: The Delhi High Court recently, while rejecting an appeal filed by a woman challenging a family court order granting divorce to her husband on grounds of cruelty, observed that a wife raising allegations about the 'manhood' of her husband can be very depressing and mentally traumatic which ultimately contributes to mental cruelty and harassment of the husband.
The order of the Delhi High Court seemed to be a big reprieve and a major boost for those men who faced constant mental cruelty and agony from their spouses.
The Court of Division Bench headed by Justice Suresh Kumar Kait and also comprising Justice Neena Bansal Krishna, observed this, after hearing an appeal filed by a woman challenging a family court order granting divorce to her husband on grounds of cruelty, the 21-page order copy accessed by TNIE, revealed this.
"Any successful marriage is built on mutual respect and faith. If either is compromised beyond a level, the end of the relationship is inevitable as no relationship can stand on half-truth, half-lies, half-respect and half faith," the judges observed in their ruling.
The Delhi HC also went on to say that forcing one’s husband to go through an impotency test, along with, the allegations of an extramarital affair and calling him a womaniser is sufficient to create mental agony and trauma.
The court noted in its order that the respondent (Husband) was forced to undergo the impotency test in which he was found to be fit.
"Clearly, such kind of allegations about the manhood of a person would not only be depressive but also mentally traumatic for any person to accept,” the Delhi HC observed.
The court upheld the findings, conclusion and order of the Additional Principal Judge, Family Courts that the respondent (husband) was subjected to acts of cruelty which entitled him to divorce under Section 13 (1) (ia) of the Hindu Marriage Act (HMA).
"He (husband) was subjected to cruelty and harassment which is sufficient to create mental agony and trauma in his mind to the extent that he at times even thought of committing suicide. The acts of the appellant (Wife) as proved, can only be termed as acts of cruelty towards her husband," the judges said.
The Delhi HC noted that according to the case details, the wife had applied to a trial court, under sections 24 and 26 of the HMA, seeking Rs. 2 Lac per month as maintenance and Rs. 2 Lac on account of expenses of the proceedings.
A perusal of the record shows that the wife has already been awarded, an amount of Rs 25,000 per month as maintenance and an additional amount of Rs. 10,000 for the upbringing of the minor child as well as an amount of Rs 50,000 litigation
expenses, it said.
"Accordingly, we find no merit in the appeal, filed by the wife and dismiss it," the Delhi HC said.
The court observed that making reckless, defamatory, unsubstantiated and humiliating allegations that have the impact of publicly tarnishing the image of the spouse is an act of extreme extreme cruelty.
"Unfortunately, here is a case where the husband himself is being publicly harassed, humiliated and verbally attacked by his wife, who had gone to the extent of levelling allegations of infidelity during his office meetings in front of all his office staff/guests. She even took to harassing the woman workers in his office and left no stone unturned to portray him as a womanizer in the office. This behaviour is but an act of extreme cruelty to the respondent/husband,” the Court held.