B v. R Y

Delhi High Court · 04 Feb 2019 · 2019:DHC:744-DB

G. S. Sistani; Jyoti Singh

MAT. APP (F.C.) No.72/2018

2019:DHC:744-DB

family appeal_allowed Significant

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The Delhi High Court allowed the wife's appeal for divorce under Section 13(1)(ia) of the Hindu Marriage Act, holding that specific instances of cruelty during pregnancy, even without exact dates, suffice to grant divorce.

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MAT. APP (F.C.) No.72/2018 HIGH COURT OF DELHI
Date of

JUDGMENT

: 04.02.2019

MAT.APP.(F.C.) 72/2018
B ..... Appellant
Through: Ms. Kavita Kapil, Advocate

versus

R Y ..... Respondent
Through: None

CORAM:

HON'BLE MR. JUSTICE G.S. SISTANI
HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J. (ORAL)

1. The present appeal has been filed against the order dated 12.02.2018 passed by the Family Court by which the petition filed by the appellant/wife seeking divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 has been dismissed. Despite service, none has chosen to appear in the matter on behalf of the respondent/husband. We may note that the respondent/husband had not appeared even before the Family Court and the matter was proceeded ex-parte.

2. The necessary facts to be noticed for the disposal of the present appeal are that the marriage between the parties was solemnized on 29.03.2007 at District Aara, Bihar. One male child was born on 18.06.2007 from the said wedlock, who is in the care and custody of 2019:DHC:744-DB the appellant herein. Post marriage, initially the parties shifted to Rewari, Haryana. The parties are living separately since July 2014.

3. The case set up by the appellant/wife was that she was subjected to various cruelties at the hands of the respondent/husband. The family court has rejected the petition seeking divorce purely on the ground that no specific instances of cruelty have been made and the instances detailed in the petition are general and routine allegations, which are not substantiated.

4. The appellant/wife herein filed her evidence on affidavit. As per the evidence, behaviour of the respondent/husband had become extremely arrogant and quarrelsome and he had started beating, harassing and maltreating the appellant herein. The appellant was also taunted for not bringing even a single penny from her house leave alone costly articles, at the time of marriage.

5. The relevant para 6, 7 and 10 of the affidavit filed by the appellant/wife read as under:-

“6. That deponent states that the respondent used cruelty in various manners to the deponent as the respondent started saying that she would not bring even a single penny from her house and other costly articles as he was expecting that if the said marriage performed with the respondent, the deponent will bring with her more articles and cash from her house but all the expectation of the respondent scattered and not met out by the deponent. She was always subjected to unbearable, immense and in tolerable cruelty, beatings mercilessly, harassments, humiliations, mental shock and agonies and suffering by the respondent on account of bringing less dowry and demanded

for bringing more and more money from the parents of the deponent.

7. That deponent states that on the demand of money of the respondent and expressed by deponent that her parents are very poor and they could not meet out the unjust demand of money, the deponent refused the same and showed her inability and then the respondent became angry and furious and beaten badly and torture physically, sexually and mentally account of quarrelsome nature husband of the deponent and respondent on every occasion picked up the quarrel on petty matter and assaulted the deponent. xxx xxx xxx

10. That deponent states that even when the deponent became pregnant, the respondent that time inflicted immense cruelties upon her as he has not provided any medical treatment, proper caution, love and affection also to her and two times meals with proper nutrition and despite keeping her utmost care during pregnancy she was subjected with tolerable mental and physical assaults and beatings. When deponent gave birth to male child on 18.06.2007, she was imaging that he would make some change in his behaviour and stop all his cruel against the deponent but the hope of the deponent was shattered by the respondent as he did not stop to beat and harass the deponent or the demand of money. ”

6. It was also deposed by the appellant/wife that the respondent herein was of a highly suspicious nature and levelled false charges against the appellant/wife of being characterless. It has also been deposed that the respondent/huband had beaten her up with fist blows and even kicked her. Even during her pregnancy, respondent inflicted cruelty upon her and did not provide for medical treatment, nor gave her love or affection or proper food, and also caused mental trauma.

7. On carefully examining the evidence on record, we are of the view that the appellant/wife has been able to show that the husband/respondent treated her with cruelty. As far as the specific incidents are concerned, although, the specific date and time has not been given for all the incidents averred, but has led evidence to prove specific instances of the cruelty, at the time of her pregnancy. It may be noted that since only one child was born out of the wedlock, it was not necessary to give the month, date or time when her husband inflicted cruelty upon her.

8. In our view the specific instances of cruelty inflicted upon the appellant/wife, during her pregnancy, on which there is no crossexamination, alone would suffice to grant relief sought by the appellant. We may also note that the parties have been residing separately since 2014 and the appellant is also bringing up the child. The respondent has taken no steps either to resolve the dispute or contest the case.

9. The appeal is thus allowed. Decree sheet be drawn up in terms of Section 13(1)(ia) of the Hindu Marriage Act. G.S.SISTANI, J JYOTI SINGH, J FEBRUARY 04, 2019//savita

B v. R Y

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