Marriage without feelings is just a legal bond, says Delhi HC while granting divorce to couple
While overturning the Family Court's refusal to allow divorce, a bench of Justices Vipin Sanghi and Jasmeet Singh stated that both parties would be able to start a new life if the divorce was granted.
FollowThe Delhi High Court dissolved a couple's marriage for cruelty, remarking that the husband regarded the wife as his "overseas wife," merely to utilise her as a temporary companion, and that their marital link was irreparable. Keeping the husband and wife legally bonded would deprive them of living a complete life. The continuation of this marital relationship constitutes serious mental cruelty to the petitioner. While granting a woman's divorce, the judge made this statement.
While overturning the Family Court's refusal to allow divorce, a bench of Justices Vipin Sanghi and Jasmeet Singh stated that both parties would be able to start a new life if the divorce was granted.
According to the court, the goal of marriage is to unite two souls who embark on the perilous journey known as life. They share their experiences, smiles, emotions, triumphs, and problems. They are present in their emotional, mental, and bodily selves. On this voyage of life, people form personal, social, and spiritual relationships, treasure lasting memories, and make goals for the future, all while coexisting in society.
According to the bench, in the current case, the parties have not lived together save for a brief period after marriage. The husband treated his wife as a foreign lady, merely using her as a temporary companion.
According to the bench, the wife is educated and works for a multinational corporation. Over 11 years, the couple remained together for a few days while the husband was in Canada. According to the court, how the spouse executed his position. It demonstrates a disinterested and apathetic attitude toward the wife. The husband's behaviour demonstrates that preserving the marriage was not his top concern.
Not only that, but the husband made severe and heinous claims about the wife's father that could not be proven. He attempted to assassinate his father-in-law character's in several ways. Any self-respecting daughter would find it impossible to live with a guy who had hurled such heinous claims about her father. "We believe that the behaviour above of the spouse is also grounds for mental cruelty to the appellant," the bench stated. As a result, the marriage is declared null and void.
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The lady appealed the Family Court's judgement, claiming that their inter-caste marriage took place on May 6, 2010, at Arya Samaj Mandir in Uttar Pradesh. She was studying B.Tech at Lucknow University while her husband was in Canada. After marriage, the husband moved to Canada and returned to India for a few days after many years. He used to return to spend time with her. During this time, her spouse verbally and sexually abused her. The claims, on the other hand, were dismissed by the spouse.
