Delhi High Court has granted divorce to a couple on the ground of mental cruelty by the husband. The court said that the man considers his wife to be a ‘Kamdhenu cow’ and it was only after getting a job in Delhi Police that he became interested in living with the wife. A bench of Justice Vipin Sanghi and Justice Jasmeet Singh observed that materialistic attitude of the husband without any emotional connection would have caused mental agony and trauma to the wife, which is sufficient to show cruelty to her. The bench also observed that it is generally the desire of every married woman to start a family. However, in the present case it appears that the husband is ‘not interested in maintaining the marriage, but only in the income of the wife.’
The High Court set aside the family court’s order dismissing the woman’s divorce petition and solemnized the marriage under the Hindu Marriage Act. The woman had sought divorce on the ground that the husband is unemployed, an alcoholic and physically abuses her and demands money. In the present case both the parties were from poor background and the marriage was solemnized when the husband and wife were of 19 years and 13 years respectively. The man did not take the wife to the in-laws’ house till November 2014 even after becoming an adult in 2005, but when the wife secured a job in Delhi Police, the attitude of the man changed.
“It appears that the respondent mistook the appellant (wife) as a ‘Kamdhenu cow’ and became interested in it only after getting a job in Delhi Police,” the court said. Such brazenly materialistic attitude of the respondent without any emotional connection is in itself to cause mental anguish and trauma, which is sufficient to prove cruelty to him.’
The husband opposed the annulment of the marriage on the ground that he had to pay for the education of the woman from which she secured a job. The court held that since the wife was living with her parents till 2014, it is evident that all the expenses of her stay and upbringing would have been borne by her parents” and nothing to show to the contrary Is.