Divorce on ground of Mental cruelty Strategy by Case Law

In a recent case of Kirti Nagpal and Rohit Giridhar Hon’ble Delhi High Court upheld the divorce decree passed by Hon’ble trial court.

In this case the wife alleged in her reply that Husband did cruelty on her as he was impotent. The husband provided positive evidence to the fact that he is not impotent.

The court held that the stray and unsubstantiated allegation of impotency is mental cruelty on husband and granted divorce.

Judgement Link

Divorce on the ground of mental cruelty demand both facts and evidence of a kind in which the evidence suggest that you and your spouse cannot live together in any circumstances.

In the Live case example of: Dharamveer singh Vs. Lajwanti Devi a recent judgement passed by the Hon’ble Uttarakhand High Court in which husband successfully got the divorce on the ground of cruel conduct of the wife but what are the facts?

FACTS:

1. The wife started behaving rudely right from the second day of the marraige.
2. She went to her parents house and did not return for 3 months
3. The husband tried to bring her back but she abused and humiliated the husband.
4. Later she came back stayed for 2 months and again gone back her behavior did not changed again she abused the husband.
5. She even beat the mother of husband and abused, humiliated her in front of strangers.
6. Late husband took her to another place there also she abused and humiliated husband.

In counter wife

• Even during the pregnancy she was taunted for having given birth to girl child.
• She claimed she was thrown out of the house.
• Claimed dowry demand and harassments.

Evidence

On evidence the husband produced 2 independent witness to show the conduct of the wife and she did beat his mother and abused and humiliated him.

He paid hospital bills to refute the allegation that he and his family was not happy with girl child.

Even the father of husband was present during the birth of the girl child and the namkaran ceremony.

Conclusion

The court concluded that there is substantial evidence to show that mental cruelty by rude behavior was in fact inflicted on the husband and he is entitled for decree of divorce. the evidence produced by him corroborates the stand as well as the refuting the stand of wife that husband and father were not happy with girl child.