Delhi High Court : Dissolves Marriage After Signifying Wife Filed Frivolous Criminal Case Against Her Husband And His Family
Delhi High Court : Dissolves Marriage After Signifying Wife Filed Frivolous Criminal Case Against Her Husband And His Family
Very recent, the Delhi High Court dissolved a marriage where the couple was living separately for the last 12 years.
The court noted that the wife filed an unsubstantiated criminal complaint against her husband and his family members and this caused them immense mental cruelty and agony.
According to the Bench, there is no chance that the parties would reconcile and opined that the marriage has irretrievably broken down.
The Bench of Justices Vipin Sanghi and Jasmeet Singh made these rulings while dealing with an appeal filed by the husband against a Family Court order that dismissed his plea seeking divorce U/S. 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act.
The Bench also took note of the fact that after two years of leaving her matrimonial home the wife filed a complaint alleging dowry demand and physical torture but these allegations remain unsubstantiated till now. As per the Court, the Family court ignored this aspect while refusing to grant the divorce.
The court also noted that the wife has not been able to justify leaving her matrimonial home and her refusal to cohabitate with her husband and proceeded to dissolve the marriage.
Case No.: MAT. APP(F.C) 247 of 2019
