Delhi High Court: An appeal was filed by Kunal Kapur (appellant/husband), highly educated Chef popularly known for his stint in MasterChef Seasons, against his wife/respondent under section 19 of Family Courts Act, 1984 whereby the petition of appellant seeking divorce was dismissed by the Family Court vide impugned judgment dated 01-10-2018. A division bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ., sets aside the impugned order and granted divorce on grounds of cruelty by wife.
The parties got married on 20-04-2008, and had a son together on 26-02-2012, however, their marriage faced significant challenges, leading to the appellant filing a petition seeking a divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The appellant alleged various instances of cruelty by the respondent, including disrespectful behavior towards him and his family, unsubstantiated allegations of dowry demand, quitting her job without contributing to the household, making unreasonable demands, engaging in physical abuse, and filing false complaints with the police. Being aggrieved, the appellant filed a petition under section 13(1)(ia) of the Hindu Marriage Act, 1955 before the Trial Court seeking divorce from the respondent/wife. The Family Court thus held that the appellant had failed to bring the acts of the respondent within the ambit of Cruelty. Assailing this, the present appeal was filed.
Counsel for the appellant argued that the respondent’s behavior constituted cruelty under the Hindu Marriage Act, warranting a divorce. He presented witnesses who testified to the respondent’s disrespectful conduct and provided evidence of quitting her job and making unreasonable demands. On the other hand, the respondent denied the allegations and claimed that she had compromised on her career to support her husband and his family financially. She argued that the appellant’s accusations were baseless and aimed at tarnishing her reputation.
The Family Court carefully examined the evidence and testimonies presented by both parties. It considered various incidents cited by the appellant, such as the respondent’s disrespectful behavior, quitting her job, making unsubstantiated allegations of dowry demand, and engaging in physical abuse. The Court also considered the respondent’s defense and her version of events. It analyzed the credibility of the witnesses and the consistency of the evidence presented.
Thus, the Court concluded that the respondent’s conduct amounted to cruelty under Section 13(1)(ia) of the Hindu Marriage Act as the respondent’s disrespectful behavior, unsubstantiated allegations, quitting her job, making unreasonable demands, and engaging in physical abuse constituted grounds for divorce. The Court remarked that “this court is of the opinion that though there is no standard set for what amounts to a reasonable reaction to provocations in marital life, such acts of causing physical harm to a person reflects one’s inability to be in control of their temperaments and amounts to cruelty. It is observed in the said evidence that despite requests by the appellant to not continue the fight infront of their son, the respondent remained unbothered by it and acted in the heat of the moment. This kind of conduct would no doubt subject a spouse to grave cruelty.”
The Court further remarked that “we find that conduct of the respondent towards appellant has been such that it is devoid of dignity and empathy towards him. When such is the nature of one spouse towards the other, it brings disgrace to the very essence of marriage and there exist no possible reason as to why he should be compelled to live while enduring the agony of living together.”
Therefore, the Court granted the appellant’s petition for divorce, setting aside the impugned judgment and issuing a decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
[Kunal Kapur v. Ekta Kapur, 2024 SCC OnLine Del 2266, decided on 02-04-2024]
Advocates who appeared in this case :
For appellant: In person with Ms.Geeta Luthra, Senior Advocate with Ms. Kamakshi Gupta, Ms.Apoorva Maheshwari & Ms.Anushka Khaitan, Advocates
For respondent: In person with Mr.Sunil Mittal, Senior Advocate with Ms.Zeba Khair & Ms.Ananya Garg, Advs. with respondent in person, Advocate
