Continuous long separation constitutes mental cruelty: Delhi HC grants divorce to couple separated for over 12 years [Read Judgment]

New Delhi: The Delhi High Court has delivered a significant ruling, highlighting that prolonged, continuous separation constitutes mental cruelty, as it granted a divorce to a couple separated for over 12 years.

A Division Bench comprising Justice Rajiv Shakdher and Justice Amit Bansal allowed an appeal against a Family Court order that had dismissed the wife’s divorce petition.

Justice Amit Bansal and Justice Rajiv Shakdher observed that the Family Court had erred in not considering the long period of separation between the parties, which had rendered the matrimonial bond irreparable.

The court noted that the appellant wife and respondent husband had been living separately since April 25, 2012, during which time they had been embroiled in litigation.

Furthermore, the court observed that there was a complete trust deficit between the parties, evident from the fact that the wife had filed a criminal complaint against the husband, which was still under adjudication.

Expressing its view on the continuation of such a marriage, the court stated: “In our view, any further continuation of the marriage would cause trauma to the parties and would amount to perpetuation of mental cruelty.”

The court also dismissed the husband’s argument that divorce would bring “dishonour” and “stigma,” observing: “In our view, in the present times, there can be no ‘dishonour’ or ‘stigma’ brought upon the contesting spouses or their families upon the grant of divorce.”

Additionally, the court noted that both parties were well-educated, making it difficult to accept the argument that granting divorce would be stigmatizing for either spouse.

In conclusion, while setting aside the Family Court’s judgment and granting divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, the court emphasized that the persistent mental agony and trauma caused by a sour marriage is much heavier to bear than any perceived stigma from divorce.

[Read Judgment]