News By/Courtesy: Riya Singh | 27 Jul 2020 13:26pm IST

HIGHLIGHTS

  • The Delhi High Court has observed that a new bride’s conduct of trying to remain in her room and avoiding household chores can by no stretch of imagination be described as cruel behavior
  • The said order has been passed by a Division Bench of Justice Hima Kohli and Justice Asha Menon in an appeal against an order passed by a Family Court
  • Under the Hindu rites and ceremonies, the marriage between parties took place in November 2012

The Delhi High Court has observed that a new bride’s conduct of trying to remain in her room and avoiding household chores “can by no stretch of imagination be described as cruel behavior towards the husband”. The said order has been passed by a Division Bench of Justice Hima Kohli and Justice Asha Menon in an appeal against an order passed by a Family Court. 

By the Family Court judgment, and decree which dismissed the petition seeking dissolution of marriage with the Respondent, Priya under Section 13(1) (i)) and (ia) of the Hindu Marriage Act, 1955, Vishal Singh, the Appellant, was aggrieved.

Under the Hindu rites and ceremonies, the marriage between parties took place in November 2012. 

The attitude of the Respondent towards the marriage was not positive from the very beginning. It was claimed that the Respondent had a love affair with the brother of her brother-in-law, according to the Appellant. In March 2013, the Respondent even fled her matrimonial home intending to get married to her lover, told the appellant. The Respondent was brought back to the matrimonial home by her brother but the Appellant did not allow them to enter the house and the Respondent went back to her paternal house.

The Court also observed that the husband’s family has to make a new bride feel at home and that a new bride would be hesitant in her new surroundings and it is always for the husband’s family to make her feel at home and accepted as a member of the family. Therefore, the Court held that “such conduct of the respondent No. 1 / wife of being interested in remaining in her room or not showing initiative in doing household work can by no stretch of imagination be described as cruel behavior and that too upon the appellant/husband”

The judges passed these observations while dismissing an appeal filed by the husband (Vishal Singh) who approached the High Court against an order of the lower court which had dismissed his appeal for dissolving the marriage between him and his wife Priya, under the Hindu Marriage Act, 1955.  

Finally, the divorce petition was dismissed on the ground that the Appellant failed to prove the allegations of unchastity leveled against the Respondent and also could not establish that the Respondent treated him with cruelty.

 

This article does not intend to hurt the sentiments of any individual, community, sect, or religion etcetera. this article is based purely on the author's personal views and opinions in the exercise of the fundamental right guaranteed under Article 19(1)(a) and other related laws being a force in India, for the time being.

Section Editor: Pushpit Singh | 27 Jul 2020 19:46pm IST


Tags : #marriage#bride

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