Spoilt honeymoon, false accusations, and subjecting the husband and his family to mental cruelty is
Kumar Doab
(Querist) 10 October 2016
This query is : Resolved
Dear Experts,
I am sharing a recent judgment.
A spoilt honeymoon and subjecting the husband and his family to "worst kind of mental cruelty" by levelling false accusations, have been held as grounds for divorce in a case by the Delhi High Court.
The High Court has dubbed the case as an "exception" in which "the marriage could not take off right from inception" between the couple who were in the age group of 30 plus at the time of marriage and were "quite mature".
IN THE HIGH COURT OF DELHI AT NEW DELHI
MAT.APP.(F.C.) 68/2015
ANU SETH
versus
SUNIL SETH
http://lobis.nic.in/ddir/dhc/PRA/judgement/03-10-2016/PRA30092016MATFC682015.pdf
In the case of arranged marriages where both the spouses are in the age group of 30 plus, honeymoon period is the best time to know, understand and come close to each other. This case is an exception in the sense that just a day after the marriage the parties left for their honeymoon to Shimla and returned with bitter memories and a spoiled honeymoon.
2. Before applying for dissolution of marriage on the ground of cruelty, the respondent/husband has shown exceptional patience in dealing with the problem inspite of facing humiliation and scandalous allegations being made against him and his family members.
3.Before replying the legal notice, again the respondent/husband tried to resolve the issues through their counsel by assuring of a separate accommodation for her on the assurance that none from their respective family would interfere for 5-6 months during that period. Even that did not succeed.
4. When the complaint before CAW Cell was filed on May 26, 2005, the respondent/husband while requesting for a copy of the complaint to properly reply the same the concluding lines written by him are that : ‘I again request the authority to make her understand that marriage is solemnised to form the family and not to destroy the sanskar of marriage please.’
7. The differences started just a day after when the parties went to Shimla for their honeymoon on February 02, 2004. The reasons given by the parties for the unpleasant honeymoon are: (i) As per the respondent/husband, the appellant/wife did not allow him to consummate the marriage and tried her best to avoid him in the process. Not only that, she even threatened to commit suicide if he dare touch her body against her mood, willingness and consent.
31. It is a marriage which could not take off right from inception as the worst kind of mental cruelty was faced by the respondent/husband during his honeymoon and thereafter. All his efforts to save the marriage by arranging various meetings, visiting the parental home of the appellant/wife, agreeing to take a separate accommodation to keep her, statement by the mother-inlaw of the appellant/wife before CAW Cell that let them (parties to the marriage) live happily wherever they want, could not save this marriage. After she left the matrimonial home on April 03, 2004, for the last more than 12 years, she has been litigating not only against her husband and his family members but also do not hesitate to implicate the advocate for her husband in the criminal case as well Sh.Trilochan Singh, a neighbour of her husband.
32. We are of the considered opinion that the conduct of the appellant/wife in the instant case was such that it was not possible for the husband to bear such type of cruelty.
33. The appeal has no merits and the same is hereby dismissed
Kumar Doab
(Querist) 10 October 2016
Judgment can be downloaded from:
http://www.lawyersclubindia.com/forum/Spoilt-honeymoon-false-accusations-and-subjecting-the-husb-143067.asp
Rajendra K Goyal
(Expert) 10 October 2016
Expert Kumar Doab ji,
Thanks for sharing.
Kumar Doab
(Querist) 10 October 2016
You are welcome.
