Important comment of Delhi High Court in dispute between husband and wife
New Delhi: Delhi High Court has recently made an important comment in the dispute between husband and wife. The High Court has said in its order that if a woman creates or tries to create a bad image in the mind of her child through bad words against the father, then it will be cruelty and can also be a ground for divorce. The court said that arousing hostility in the child towards the father is also gross inhumanity towards the child. The woman has accused her husband of having an extramarital affair. In this case, the court has also reprimanded the woman for making her daughter a weapon against her husband.
The division bench of Justice Suresh Kumar Kait and Justice Nina Bansal Krishna said that there can be differences between husband and wife due to not just one but innumerable reasons, but it is not appropriate to involve minor children in marital dispute. In the dispute over extramarital affair between the wife of an Army engineer and a lecturer holding a PhD degree, the High Court said that the woman is trying to turn her children against their father and is making them write complaints against the father, this mother -There is a clear case of alienation of the father and grave mental cruelty towards the father/husband, which entitles him to divorce under the Hindu Marriage Act.
According to a Bar & Bench report, the bench said in its order, “Taking the younger daughter with you to the husband’s house, then accusing the husband of adultery in his very presence and calling the police; the mental state of a child There is an act of ruining and inciting her against her father. A man may be a bad husband but it cannot be concluded that he is also a bad father. An attempt has been made to incite the child against her father. He was even made to file a complaint against his father, which in itself is serious mental cruelty.”
The bench said, “No matter how serious the differences between the spouses may be, an attempt by the aggrieved spouse to use the child as a weapon against his or her spouse would in any case give rise to hostility and hatred in the minor child.” It may not be appropriate to sow and provoke it. “Such revenge aimed at spoiling the father-daughter relationship is not only cruel to the father but also gross inhumanity to the child.”
Along with this, the High Court overturned the decision of the trial court, in which the divorce petition of the victim’s husband was rejected. The High Court has accepted the husband’s divorce petition, terming the woman’s act as cruelty. The couple got married in 1998 but the woman left her husband’s house after just a year. The husband is an engineer in the army, while the woman teaches in a college. Both sides had made disputed claims against each other. The couple has two daughters.
