Whether Backing out of Mutual Consent Divorce petition amounts to Mental Cruelty?
Thus, we are of the considered opinion that there is no merit in
this appeal, primarily, on two counts viz firstly, the unilateral
withdrawal of consent by the appellant which rather lead to an
anomalous situation where the respondent wife, a law-abiding lady,
adhering to the terms and conditions of settlement, dated May 24,
2014 was left high and dry with a dead marriage and whereas the
appellant husband kept on enjoying his freedom without paying any
maintenance, alimony etc. and; secondly, the apology letter Mark A
which rather proves the contentions of the respondent that the
appellant used to beat her; did not allow her to visit her home; cast
aspersions upon her character; snatched her salary; took money from
her father, which he did not return and rather asked for dowry, thus
committed cruelty upon her. We agree with the learned Judge, Family
court, Dwarka, on both these counts. The allowing of complaint case
No.1007/1/2015 further confirms the case of the respondent.
23. Here we would like to refer to (2007) 4 SCC 511 Samar Ghosh
vs. Jaya Ghosh wherein it was held that there can never be any
straight jacket formula or fixed parameters for determining the mental
cruelty in matrimonial matters. If on consideration of complete
matrimonial life of the parties, actual mental pain, agony and
suffering as would not make possible for the parties to live with each
other would come within the broad parameter of mental cruelty. It
was further held that where there has been a long period of continuous
separation, it may fairly be concluded that the matrimonial bond is
beyond repair. The marriage rather becomes a fiction though
supported by a legal tie. By refusing to sever that tie, the law in such
cases, does not serve the sanctity of marriage; on the contrary, it
shows scant regard for the feelings and emotions of the parties. In
such like situations, it may lead to mental cruelty.
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On : December 08, 2016
MAT.APP.(F.C.) No.163/2016
RAJIV CHHIKARA
v
SANDHYA MATHUR
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MR. JUSTICE YOGESH KHANNA
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