A bench of Justices Suresh Kumar Kait and Neela Bansal Krishna said, “In the present case, indisputably both the parties have been living separately since 2014, which proves that they are unable to maintain conjugal relations, thereby depriving each other of mutual support and Marital relationship.Such separation for nearly nine years is an example of extreme mental cruelty, requiring immediate dissolution of the marital relationship on grounds of cruelty under the Hindu Marriage Act.
The bench said that false complaints filed by the wife against the husband amount to mental cruelty against the husband.
“It cannot be ignored that serious allegations of not only dowry harassment but also rape were leveled against the family members of the respondent (husband), which were found to be false,” the court said. This is an act of extreme cruelty for which there can be no excuse.
The court emphasized that the estranged couple barely lived together for 13 months and could not maintain their marital relationship.
The couple married in November 2012 and have been separated since February 2014.
The husband claimed that since the day of marriage, the woman failed to perform domestic duties and often went to her maternal uncle’s house without informing him and her family members. He alleged that the wife had also threatened to commit suicide and implicate him and his family members in a false case. According to the husband, the wife used to fight frequently and physically abuse him.
At the same time, the woman claimed that her mother-in-law harassed and humiliated her physically and mentally. She accused her husband of beating her.
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