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The Delhi High Court ruled that a bride who was named as the respondent in the case, choosing to be confined to her room, or not taking initiative in doing household work can by no stretch of imagination be described as ‘cruel behaviour’ upon the husband.
The Delhi High Court ruled that a bride who was named as the respondent in the case, choosing to be confined to her room, or not taking initiative in doing household work can by no stretch of imagination be described as 'cruel behaviour' upon the husband. A Division Bench of the Delhi High Court comprising Justice Hima Kohli and Justice Asha Menon was hearing the case in which an aggrieved husband challenged the decree issued in August 2019 by the Family Court at Dwarka. The Dwarka Family Court issued a decree dismissing his petition seeking dissolution of his marriage with the respondent under section 13 (1) and (ia) of the Hindu marriage act 1955.
The High Court also turned down his contention that there was disinclination initially for a physical relationship with the appellant or husband on the part of the respondent. The Bench ruled that it was not a ground available to him to claim cruelty since the marriage had been consummated and there were no repeated instances on the part of the bride to have physical relations with him.
The High Court Bench pointed out that the question of whether a certain kind of conduct constitutes cruelty has been the subject matter of many decisions of the Supreme Court. The Bench noted that based on the affidavit filed by the appellant there appeared to be no cruelty or cruel behaviour on the part of the respondent. What were cited as cruel acts did not amount to cruel conduct as a new bride would be hesitant in her new surroundings and takes time to adapt herself to new environs.
The High Court dismissed the appeal of the petitioner claiming cruelty by his wife.
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