Suicide threats can be grounds for divorce, says Delhi high court

The high court order came on an appeal by the wife, who challenged a family court order in January 2019, allowing the man to divorce her

Threats by a woman to commit suicide can be grounds to grant divorce, the Delhi high court has said while underlining that such intimidations will be a constant reason of distress for the husband and his family.

The court said such lingering disquiet in a person’s mind not only deprives a person of mental peace but is a constant source of mental agony and trauma. (HT Archive)

A bench led by justice Suresh Kumar Kait, taking note of a man’s complaint with a senior police official in 2013 regarding his apprehension of being falsely implicated by his wife in a criminal case, opined that the man, whether at home or place of work was constantly apprehensive if things would be alright at house, or would face some adverse incident. The court said such lingering disquiet in a person’s mind not only deprives a person of mental peace but is a constant source of mental agony and trauma.

“In every matrimonial relationship, the parties look for a companionship, sharing mutual confidence and cohesiveness, but such kind of life permeated by all pervasive fear of false implication cannot in any way nurture a matrimonial relationship,” said the bench, also comprising justice Neena Bansal Krishna, in its September 15 order.

Considering the long period of continuous separation between the couple since 2013 and the fact that they barely lived together for ten months, the bench said, “For a couple to be deprived of each other’s company and of conjugal relationship is an act of extreme cruelty.”

The high court order came on an appeal by the wife, who challenged a family court order in January 2019, allowing the man to divorce her. The family court had observed that the woman’s attempt to commit suicide by locking herself in a room, and registering a case against her husband, were sufficient to instil fear in the man and his family, and was within the scope of cruelty.

The husband had sought the dissolution of their marriage, alleging that his wife subjected him to cruelty and had consequently deserted him.

The high court also opined that the wife’s failure to substantiate allegations for demands of dowry either in her pleadings or evidence was a clear act of cruelty.

“From the evidence on record, it is evident that the appellant and her family were struggling to make the two ends meet, it is difficult to believe that they should have been able to spend money or give the dowry as has been asserted by the appellant. Making such allegations which she had not been able to substantiate either in her pleadings or in her evidence, is a clear act of cruelty,” the court said, citing the Delhi high court judgment Jyoti Yadav v Neeraj Yadav from 2022.

The Delhi high court, while affirming a divorce decree in Jyoti Yadav v Neeraj Yadav, had ruled that unsubstantiated accusations of unchastity or extra marital relationship are a grave assault on the character, status, reputation as well as health of the spouse against whom such allegations are made, and cause mental pain, agony, suffering and tantamount to cruelty.