No law gives husband a right to beat and torture wife, says Delhi HC

New Delhi, August 28: Delhi High Court ruled that no law allows a husband the right to beat and torture his wife while granting divorce to a woman on the grounds of cruelty and desertion by the man.

According to the high court, it was proven in this case that the man failed to resume companionship with his wife and that there was not only physical separation but also "animus" of not bringing her back to the matrimonial house.

Taking into consideration the woman's medical documents, the high court stated that in the absence of any rebuttal by the man, it must be held that the woman's testimony of being subjected to physical assault stands corroborated by the medical documents.

"Merely because the parties got married and the respondent (man) was her husband, no law gave him the right to subject his wife to beatings and torture. Such conduct of the respondent necessarily qualifies as physical cruelty entitling the appellant (woman) to divorce under Section 13(1) (ia) of the Hindu Marriage Act (HMA), 1955," said the bench of Justices Suresh Kumar Kait and Neena Bansal Krishna.

The court noted that the man, who was present when the ruling was issued, had no objection to the divorce being granted.

"We accordingly find merit in the appeal and the marriage between the appellant and the respondent is hereby dissolved."

The high court was hearing an appeal filed by the woman against a family court ruling that had dismissed her plea for divorce from the man on the grounds of cruelty and desertion.

The high court noted that the woman testified that she was left in an injured state at her parental home on May 11, 2013 and that despite her attempts, the man refused to take her back to the matrimonial home.

It further stated that the man has not refuted the woman's claim that she was not taken to the matrimonial house for no reason.

"It is proved that the respondent had failed to resume the companionship with the appellant and thus not only there exist physical separation but it was also coupled with 'animus' of not bringing back the appellant to the matrimonial home."

"The respondent had no intention of resuming the matrimonial relationship which also got reflected when he chose not to contest the petition. The petition for divorce has been filed after more than two years of separation and therefore the appellant is also entitled to divorce on the ground of desertion under Section 13 1 (ib) of the HMA."

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