LI Network
Published on: 30 August 2023 at 00:05 IST
In a recent landmark ruling, the Delhi High Court has granted a divorce to based on grounds of cruelty and desertion.
The judgment was rendered by Justices Suresh Kumar Kait and Neena Bansal Krishna.
The appellant initiated a divorce petition under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, levying allegations of both physical and mental abuse, dowry demands, and mistreatment inflicted by her spouse and his family.
In their oral verdict, the court declared, “The available evidence comprises solely the appellant’s testimony, and while no other family member was examined, it is crucial to acknowledge the absence of any challenges against her testimony.”
The appellant’s account disclosed instances of maltreatment, encompassing physical violence and coerced abortions. The court noted the presence of medical records and photographs, which lent additional weight to her claims of physical brutality.
Addressing the appellant’s claims of desertion, the justices underscored, “The respondent did not contest the petition, as his written statement was not submitted or did not question the appellant’s testimony to the extent permitted by law through cross-examination.”
Additionally, the court determined that the respondent had abandoned the appellant in an injured state at her parental residence and subsequently neglected to restore the marital companionship.
The justices ruled in favor of the appellant, deeming her allegations of cruelty and desertion well-founded and thereby granting her the right to a divorce.
Concluding their ruling, the justices declared, “Accordingly, we find the appeal meritorious, leading to the dissolution of the marital bond between the appellant and the respondent.”