Delhi High Court ruled that neglecting aged in-laws and refusing marital duties constitutes cruelty under the Hindu Marriage Act, 1955.

WIFE’S APATHY TOWARDS AGED IN-LAWS AMOUNTS TO CRUELTY

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Case Name : Wife vs. Husband

Case Overview:

The Delhi High Court examined whether a wife’s indifference towards her aged in-laws could amount to cruelty to spouse under the Hindu Marriage Act, 1955 . The couple, married in 1990, had a son in 1997 . The husband alleged that his wife was unwilling to live in a joint family, refused marital relations since 2008 and filed multiple retaliatory criminal cases after he filed for divorce in 2009 .

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Key Aspects:

Before deciding the matter, the Court analysed the overall conduct of the wife to determine if her behaviour qualified as mental cruelty under matrimonial law . The judges noted that a spouse’s indifference towards the aged and infirm parents-in-law violates emotional and social obligations within marriage .

• The wife showed complete apathy towards her aged mother-in-law, unaware even of her hip replacement surgery .
• The Court observed that compassion and care towards elders form part of matrimonial responsibilities in Indian families .
• The wife’s refusal to cohabit, coupled with repeated false FIRs, caused emotional suffering to the husband .
• Her attitude reflected disregard for the institution of marriage and the duties it entails .

Legal Insights:

The Court elaborated on the legal framework of cruelty under the Hindu Marriage Act, 1955, emphasizing that mental cruelty includes indifference, emotional neglect and intentional humiliation .

• Section 13(1)(ia), Hindu Marriage Act, 1955 – A marriage can be dissolved by a decree of divorce if one spouse treats the other with cruelty, whether physical or mental .
• Emotional neglect, denial of marital intimacy and harassment through false cases were held to constitute mental cruelty .
• Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar ruled that sustained apathy towards aged in-laws causes mental distress and falls within the ambit of cruelty to spouse .

Court’s Verdict:

The Delhi High Court upheld the family court’s order granting divorce to the husband. It ruled that the wife’s prolonged denial of marital intimacy, false criminal complaints, alienation of the child and indifference towards her aged in-laws collectively amounted to cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, thereby justifying the dissolution of marriage .

Source – Delhi High Court 

Read also – Hindu Marriage Act, 1955

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