Recently, the Delhi High Court said that a wife's repeated absence from the matrimonial home and subsequent institution of multiple complaints against the husband and his family members amounts to cruelty. The high court bench of Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar said that the persistent deprivation of conjugal companionship constitutes an extreme form of cruelty. The Delhi High Court observed while upholding a family court order granting a decree of divorce to the husband under Section 13(1)(ia) of the Hindu Marriage Act on the ground of cruelty by the wife. While dismissing the wife's appeal, the Delhi High Court held that she repeatedly absented herself from the matrimonial responsibilities without consent and denied marital intimacy. The court also noted that all three FIRs lodged by the woman against her husband and his family members were only after the institution of his divorce petition. Adultery No Longer a Crime but Still Has Civil Consequences; Spouse Can Sue Partner’s Paramour for Interfering With Their Marriage, Says Delhi High Court.

Persistent Deprivation of Conjugal Companionship Constitutes an Extreme Form of Cruelty, Says Delhi HC

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