The Delhi High Court has recently ruled that questioning a husband's legitimacy by calling him derogatory names and making reprehensible allegations against his mother constitutes mental cruelty, thereby providing grounds for divorce. A division bench comprising Justices Anil Kshetarpal and Harish Vaidyanathan Shankar upheld the divorce decree granted by the family court in favor of the respondent-husband.
The appellant-wife had approached the High Court, contending that the family court had failed to consider the acts of cruelty meted out to her and had wrongly granted a divorce to her husband. She alleged that the respondent had humiliated her by making caste-based remarks, coerced her into performing domestic chores despite her professional responsibilities, and subjected her to a barrage of false and frivolous litigation.
However, the High Court held that mere assertions of counter-cruelty by the wife would not automatically nullify her established acts of cruelty. The court emphasized that "two wrongs do not make a right" and noted that the appellant's proven acts of cruelty, including the use of abusive language, physical violence, and social isolation, were severe enough to warrant the dissolution of the marriage.
The Court specifically highlighted the appellant's sending of "vile, derogatory, and scandalous" messages to the respondent, including questioning his legitimacy and making reprehensible allegations against his mother. The messages dated 09.05.2011, 15.05.2011, and 27.06.2011 contained terms such as "bastard," "son of a bitch," and suggestions that his mother should "earn through prostitution." The Court observed that these communications were not innocuous and recognized that mental cruelty may be inflicted through persistent and deliberate verbal abuse and conduct that degrades a spouse and injures their reputation and self-respect.
The ruling underscores the judiciary's recognition of the severe impact of verbal abuse and derogatory remarks in matrimonial relationships. It highlights that such conduct can cause significant emotional distress and harm to an individual's dignity and reputation, thereby constituting mental cruelty.
This decision serves as a significant precedent in understanding the legal implications of verbal abuse and derogatory conduct in marriages. It reaffirms that mental cruelty, manifested through persistent and deliberate verbal abuse, can be grounds for the dissolution of marriage under Indian law.
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