Wife’s pregnancy can’t erase her acts of cruelty: Delhi High Court grants divorce to husband
Court holds that pregnancy or reconciliation does not negate earlier proven acts of mental cruelty
The Delhi High Court has ruled that a wife’s pregnancy or temporary reconciliations between spouses cannot condone or erase antecedent acts of cruelty. The Division Bench of Justices Anil Kshetarpal and Renu Bhatnagar observed that the presence of pregnancy, or even a temporary improvement in relations, cannot be used to overlook prolonged abusive conduct, threats, or denial of cohabitation.
Reversing a family court decision, the High Court granted divorce to the husband who had filed for divorce in 2021 on grounds of mental cruelty. The family court had declined the request, reasoning that the wife’s miscarriage indicated a harmonious relationship. However, the High Court found that this view was erroneous and that the wife’s repeated insults, threats of self-harm, refusal to cohabit, false allegations of molestation against her father-in-law, and desertion were sufficient to constitute mental cruelty.
The Court emphasized that dissolving a marriage is recognition that the relationship has irretrievably broken down, not a victory for one party over the other, and urged both parties to maintain civility in future interactions.