Delhi High Court Upholds Divorce Verdict, Citing Unilateral Withdrawal of Consent as Cruelty

In a recent judgment, the Delhi High Court upheld a divorce granted to a husband by a family court, emphasizing that withholding mutual consent for divorce in a failed marriage or unilaterally withdrawing such consent amounts to cruelty to the other spouse. The bench, headed by Justice Suresh Kumar Kait and Justice Neena Bansal Krishna, addressed an appeal from a wife who withdrew her consent for mutual divorce after a settlement had been reached between the parties. The court observed that the concept of “no-fault-divorce” aims to facilitate a sensible parting on agreed terms, highlighting that unilateral withdrawal from such a settlement equates to cruelty.

The case involved an agreement for mutual consent divorce and a settlement where the husband paid ₹ 5 lakh to the wife. However, after partial payment, the wife unilaterally withdrew her consent and returned the money. The court remarked that the altercation between the parties wasn’t based on justifiable grounds but rather a clash of egos, describing it as a desire for vengeance. The act of withholding mutual consent was deemed as cruelty, causing disquiet and uncertainty for the spouse expecting resolution.

Moreover, the court also condemned the wife’s filing of false criminal complaints against the spouse and his family, leading to prolonged litigation. False allegations of adultery against the husband were cited as grave assaults on his character, honor, and reputation, constituting the worst form of cruelty. Despite the wife’s denial of all allegations, the court refused to interfere with the family court’s decision, highlighting the non-adjusting attitude of the wife that led to mental cruelty suffered by the husband during the 13-year-long civil and criminal litigation.

The Delhi High Court, dismissing the appeal, affirmed the family court’s verdict, stating that while the matrimonial life lasted only 13 months, legal battles spanned over 13 years.

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