Using consent for dissolution of marriage to gain advantage in other litigations constitute ‘cruelty’ under Hindu Marriage Act  

Delhi High Court: A Single Judge Bench comprising of Rajiv Sahai Endlaw, J. allowed an appeal filed under Section 28 of Hindu Marriage Act, 1955 against the judgment of the Additional District Judge whereby the divorce petition filed by the husband was dismissed.

One of the grounds claimed by the husband as an instance of cruelty meted out by the wife was that she filed false complaints against him under Sections 406 and 498-A IPC. It is pertinent to note that the appellant-husband was acquitted of both the charges and no appeal was filed thereagainst by the wife. The husband filed a petition for divorce under Section 13(1)(ia) and (ib) of the HMA which was dismissed by the Additional District Judge. The wife submitted that she would consent to a decree for dissolution of marriage only if the husband agrees to her other demands. Aggrieved thus, the husband preferred the instant appeal.

The High Court perused the record and took notice of the complaint made by the wife against the husband and also the order of acquittal passed in his favour. Reference was also made to Vishwanath Agrawal v. Sarla Vishwanath Agrawal (2012) 7 SCC 288 and Shobha Rani v. Madhukar Reddi, (1988) 1 SCC 105. The Court found that the complaints filed by the wife were false. It was held that the conduct of wife of using her consent to dissolution of marriage by a decree of divorce, to gain an advantage in other litigation, also constitutes cruelty. It shows that the respondent wife also was not interested in matrimonial bond but still wanted to keep the husband bound therewith, till he agrees to her other demands. In the aforesaid state of affairs, the appeals were allowed and the marriage between the parties was dissolved. [Daulat Ram Gupta v. Usha Gupta,2018 SCC OnLine Del 10376, dated 30-07-2018]

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