Delhi High Court: Expressing that, allegations made by the wife with regard to the husband demanding dowry and indulging in alcohol consumption, do not tantamount to making serious allegations impinging on the character of the husband, to such an extent, that they would be the cause of immense mental agony and cruelty, Division Bench of Vipin Sanghi and Jasmeet Singh, JJ., dismissed the petition.

Instant appeal was directed against the decision of Family Court wherein petitioner’s divorce petition under Section 13 (1) (ia) of the Hindu Marriage Act, to seek divorce from the respondent on the ground of cruelty, was dismissed.

It was submitted that the petitioner had been residing separately since October, 2014.

Appellant’s counsel submitted that the Family Court disregarded the decisions of the Supreme Court which have been taken note of in the impugned judgment itself. The respondent was convicted under Section 323 IPC for causing simple hurt to the petitioner. He further submitted that serious allegations have been made against the petitioner by the respondent wife-to the effect, that he demanded dowry and he was a drunkard, neither of which has been substantiated before the Family Court.

Analysis, Law and Decision

High Court opined that the Family Court correctly appreciated the fact and the law.

Normal wear and tear in marital relationship is to be expected and cannot be a reason to end the relationship. Hindu Marriage is a sacrament, and the parties have two minor children, who are the responsibility of both the parents to look after.

On finding no reason to interfere with the impugned judgment, present appeal was dismissed. [Harish Kumar v. Sarita, 2021 SCC OnLine Del 4937, decided on 6-10-2021]

Advocates before the Court:

For the Appellant: Arvind Singh and Naman Dwivedi, Advocates

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