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Authored by - Isha (Intern at Legal Soch Foundation)
Meta Description - Delhi High Court has granted a divorce to a woman, ruling that her husband’s financial instability constituted mental cruelty. The court found out that couple has been living separately since 1996 due to the husband’s financial difficulties, and there was no hope of reconciliation after 27 years.
Keyword - Divorce, financial Instability
The Delhi High court has ruled that financial instability on the part of a spouse can be considered mental cruelty and granted divorce to a woman. The court held that financial instability due to a husband’s inability to sustain himself and his subsequent indulgence in other vices is a constant source of anxiety for a wife.
The court made the ruling while hearing a case in which there was a huge discrepancy between the financial situation of the separated spouses.
The court while examining the plea filed by the woman against the order of the family court rejecting her petition for divorce.
According to the plea, the couple married into a marriage in 1989 and had been living separately since 1996. The petitioner was a graduate from Delhi university and had been working with a multinational company at the time of marriage. The petitioner was assured that the man with whom she is going to get married is also a graduate from Delhi university and would have a good income after marriage.
However, after the marriage, she discovered that the man did not have a job and had only a mother’s income. The petitioner also alleged that the husband indulged in gambling and various other activities and beat her. She had conceived twice but tragically had an abortion once and stillbirth for the second time. She also claims that she didn’t receive any medical attention or treatment.
The court consider the plea and found out that the petitioner had alleged harassment on the ground of dowry, and had alleged physical abuse by the husband and his family, none of those allegations were proven by the evidences provided.
The court found that the real cause of the breakdown of the marriage was the financial difficulties of the husband and it was inevitable that differences would arise. The fact that the parties were living apart since November 1996 and that there were no conciliation for the past 27 years shows that the parties were not able to maintain their marital relationship. The court further found out that a dead relationship only brings agony and pain. So, court upheld women’s appeal and granted divorce on the ground of cruelty and dissertation has been committed.
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