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Forcing Husband To Cut Ties With Family Is Cruelty, Rules Delhi High Court

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Delhi High Court ruled that wife’s pressure to sever her husband’s family ties, public humiliation, and threats amounted to mental cruelty.

The judges observed that the “most obvious act of cruelty” was the wife’s repeated threats.

The judges observed that the “most obvious act of cruelty” was the wife’s repeated threats.

The Delhi High Court held that a wife pressuring her husband to sever ties with his family amounts to cruelty, upholding a family court order that dissolved the couple’s marriage on that ground. A bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar also noted that repeated public humiliation and verbal abuse of a spouse constituted mental cruelty.

“While the mere desire to live separately is not cruelty, persistent and pressurising conduct to sever the respondent’s (husband) bonds with his family certainly is. The Supreme Court held that a wife’s persistent effort to alienate a husband from his parents constitutes mental cruelty,” the bench said.

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The court said the wife consistently asserted she did not wish to live in a joint family and pressured her husband to partition the family property and live separately from his widowed mother and divorced sister.

The judges observed that the “most obvious act of cruelty” was the wife’s repeated threats and filing of police complaints against her husband and his family members. The husband, they said, had successfully proved cruelty through “consistent and corroborated testimony.”

The bench also noted that denying the man and his family emotional and physical access to the couple’s child amounted to “cruelty of a singular nature.”

“The respondent successfully demonstrated a sustained pattern of pressure, humiliation, threats and alienation. Taken together, these acts go well beyond the ‘ordinary wear and tear of married life’ and constitute mental cruelty of such gravity that the respondent cannot reasonably be expected to endure them,” the judges said.

As a result, the woman’s appeal against the divorce decree was dismissed.

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