DELHI HC UPHOLDS DIVORCE ORDER ON GROUND OF CRUELTY BY WIFE

DELHI HC UPHOLDS DIVORCE ORDER ON GROUND OF CRUELTY BY WIFE 12/19/2008 Putting an end to a 52-year-old nuptial tie, the Delhi High Court upheld the divorce granted to a husband by the sessions court on grounds of cruelty by the wife. Granting divorce to Jai Kishan Balani, an IPS officer, who is living separately from his wife for the last 40 years, Justice V B Gupta held that there was no possibility for their marriage to be revived as the parties were living separately for last 40 years and there was complete loss of trust and faith between them. Lamenting over the allegations made by the wife against the husband as a womaniser and keeping his cousin as his mistress, the court held that the allegations were not supported by any evidence and making of such allegations which effect the reputation and cause damage to his character, were nothing less than cruelty. His wife Dr Bimla Balani had challenged the order passed by Additional District and Sessions Judge Gurdeep Singh Saini in the Delhi High Court, alleging that the husband had committed cruelty on her and was having an adulterous relationship with his cousin, therefore the divorce should be nullified. The High Court said since the marriage had broken down irretrievably and the husband had fully established his case of cruelty and desertion, the divorce should be granted to the parties. Mr Balani alleged that his wife had left her matrimonial home on various accounts and did not live with him after 1958. He alleged that his wife had made serious allegations against him which had marred his character. The couple got married in the year 1956. As the husband was posted at various small stations, the wife refused to join him and left his home in 1968 and did not return thereafter. The court observed that, ‘We are principally impressed by the consideration that once the marriage had been broken down beyond repair, it would be unrealistic for law not to take notice of that fact, and it would be harmful for the society and injurious for the interest of the parties.’ UNI

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