Derogative, abusive words by wife amount to cruelty: HC

The court’s observation on February 9 came after a woman challenged a family court’s order of divorce, saying the allegations of cruelty by her husband are unsubstantiated.

The Delhi high court has observed that the repeated use of derogatory and humiliating words by a woman against her husband and his family amounts to cruelty, while upholding the divorce granted to a couple.

The high court said the conduct of the wife which has been proved on record is of such quality, magnitude and impact as would have caused mental agony, pain, anger and suffering to the husband on a regular and continuous basis and thus clearly amounting to cruelty.

The court’s observation on February 9 came after a woman challenged a family court’s order of divorce, saying the allegations of cruelty by her husband are unsubstantiated, and that there are no dates mentioned as to when the alleged cruelty had taken place.

Denying her relief, a bench of justices Sanjeev Sachdeva and Vikas Mahajan said every person is entitled to live with dignity and honour, and no one can be expected to live with constant abuse being hurled upon them.

The court said, “We are also satisfied that the cruelty that has been proved on record is sufficient and constitutes cruelty as required under Section 13(1)(i-a) of the Hindu Marriage Act. Consequently, we find no infirmity in the judgment allowing the petition and granting divorce on the ground of cruelty. We, accordingly, find no merit in the appeal. The appeal is consequently, dismissed,” the court said..

The high court said the conduct of the wife which has been proved on record is of such quality, magnitude and impact as would have caused mental agony, pain, anger and suffering to the husband on a regular and continuous basis and thus clearly amounting to cruelty.

“Every person is entitled to live with dignity and honour. If the words as stated… are used against an individual, the same would be very derogatory and humiliating for the individual. The contention of the husband is that whenever there was a quarrel, the wife would use the words and humiliate him and his family…Repeated use of words of the nature as extracted… are clearly humiliating and would certainly amount to cruelty. No person can be expected to live with constant abuse being hurled upon him,” the bench said.

It also rejected the contention of the woman’s counsel that specific dates and time as to when the alleged cruelty had taken place were not mentioned.

The high court said this would lose its significance as the man, in his evidence, has stated that whenever a quarrel would take place the woman would use those words against him and his family, which implies that those words have been used repeatedly over the period when they were together.