Wife's letter threatening divorce an act of cruelty against husband: Delhi HC


New Delhi, Feb 22 (Agencies) : Delhi High Court granted permission to a man to divorce his estranged wife, saying that a single letter can constitute an 'act of cruelty'.

The man in question has been living separately since last 28 years from his wife, with whom he married in 1980. In 1987, he left for US leaving behind his wife and 4-year-old daughter in India.

In 1990, the man receives a letter from his wife, that stated that they should head for a divorce as she has found an 'old friend' who is ready to marry her as well as accept her minor daughter.

The report, published in TOI, says, when the matter came up in court in 1990, the wife admitted that there was no truth in the letter and she had lied and was anxious to live with her husband, abroad or back home.

However, in a surprising twist, Justice Najmi Waziri of Delhi High Court termed the 'threat letter by the wife' an act of cruelty and pointed out the mental agony caused to the husband due to this. Justice Waziri uphold the decision of a trial court to dissolve the marriage on ground of cruelty.

"For a husband living away from his wife since 1987, to have received a letter from her intimating him about her unequivocal decision to dissolve the marriage and marry another man would have been a pain as grievous as any to endure. Such an element of rejection, coupled with brunt of emotional infidelity by the wife, can break the spirit of the husband to continue marital ties," TOI quoted Justice Waziri as saying.

  

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Comment on this article

  • Vincent Rodrigues, Promenade Road,Frazer Town,B'lore

    Mon, Feb 22 2016

    This is the court decision.No comments.

    DisAgree Agree [1] Reply Report Abuse

  • Mohammed, Kundapur/Qatar

    Mon, Feb 22 2016

    As per Research 90% MEN are Victims of DOMESTIC VIOLENCE ...!!!

    DisAgree Agree [1] Reply Report Abuse

  • Santan Mascarenhas, Kinnigoli/Mumbai

    Mon, Feb 22 2016

    Divorce ka case me judge ne pati ku bola, abhi aadha salary patni ku dena hoga
    Pati bahush kush hokar bola "Abhi to aadha salary mere paas hogi"

    DisAgree Agree [6] Reply Report Abuse

  • MASTHAN , DUB

    Mon, Feb 22 2016

    YEH COMEDY THA YA JHUMLA THA.

    JO BHI THA ACCHA THA.

    DisAgree Agree [3] Reply Report Abuse

  • sudhi, byndoor

    Mon, Feb 22 2016

    Gone r those days where people use to laugh or make fun at husbands if they tell wife is scolding and irritating him. Earlier only few use take them seriously. It is the reality now. If husband scolds or says anything to wife it is considered as harassment by husband. But if wife does the same thing to husband then it is not considered as harassment. Even kids are in favor of mother mostly because father's voice is rough whereas mother's voice is not so rough compared to the father.

    DisAgree Agree [11] Reply Report Abuse

  • Ks , Shj/ mangalore

    Mon, Feb 22 2016

    Kabhi toh koi toh mard ka dard ka ehsas kiya

    DisAgree Agree [14] Reply Report Abuse

  • Mw, Dubai

    Mon, Feb 22 2016

    That's the reason many famous people gave up their wife...

    DisAgree Agree [16] Reply Report Abuse

  • R.Bhandarkar, Mangaluru

    Mon, Feb 22 2016

    To each his own..O.K.?
    How can one sit on judgement on matters like this?
    Mangaluru is full of such 'threatening wives'..I Know.
    Mine too threatens like this at the ' of A '...Hat..No? I forget these idioms ..phrases or whatever...
    In this forum too many are subject to such cruelty! in fact they must take permission to write comments, press..agree or disagree according to wife's whims...
    What has the judge got to say about all these things?
    This 'TOI' chap got a 'letter threat' right?.. Here 'face to face' threats...Is it not?

    DisAgree [3] Agree [11] Reply Report Abuse

  • Vantage Point, mangalore

    Mon, Feb 22 2016

    It's day of rejoice for Masculunists...😜

    DisAgree Agree [8] Reply Report Abuse

  • MASTHAN , DUB

    Mon, Feb 22 2016

    STAYING AWAY FROM EACH FOR 5 YEARS. SHOULD BE AUTOMATICALLY CONSIDERED AS DIVORCE.

    LIKE IF U STAY IN US FOR 5 YEARS U GET A GREEN CARD.

    DisAgree [1] Agree [18] Reply Report Abuse

  • Joseph, Qatar

    Mon, Feb 22 2016

    This court ruling should also apply to all ''moody'' wives who are suspicious / surreptitiously watching their husbands fidelity with shred of doubt irrespective of his transparency and faithfulness. In these times, there are several cases alike where women are ready to cough out any amount of finance to so-called professional ''agents'' to keep a hawks eye on the movement of their better half and are fully aware of the consequences it will result in.

    DisAgree Agree [13] Reply Report Abuse

  • Amin Bhoja, Patte / Riyadh

    Mon, Feb 22 2016

    Both Staying away from each other for more than 28 years!!!It is a kind of Divorce what else!!and immediate strike to one's mind is that the things are not normal either!!!

    DisAgree Agree [11] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Mon, Feb 22 2016

    I assumed threatening is a part of MARRIAGE ...

    DisAgree Agree [24] Reply Report Abuse

  • gm, mlur

    Mon, Feb 22 2016

    Its a lesson to all ladies (wives), do not scare your husband by written or verbally.

    DisAgree [2] Agree [24] Reply Report Abuse

  • gm, mlur

    Mon, Feb 22 2016

    What else was there in the letter?

    DisAgree Agree [13] Reply Report Abuse

  • shankar, Mangalore

    Mon, Feb 22 2016

    We need more humane Judges like Justice Najmi Waziri.
    No to pseudo feminists!

    DisAgree [1] Agree [24] Reply Report Abuse

  • Lydia Lobo, Kadri

    Mon, Feb 22 2016

    Nobody gets married with hopes to separate. Both, man and woman look forward to a happy future but at some point of time if the situation transforms into something different than what they hoped, its worth struggling and sailing through, than pulling apart.

    This man could have immediately said yes to a divorce but there is a daughter whom he may have loved unconditionally. At the same time, the woman may have lost the friend over time and she may have changed her mind.

    Well, a crack in a delicate surface cannot be undone. Marriage is not a collection of options but one-way traffic.

    DisAgree [8] Agree [18] Reply Report Abuse


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Title: Wife's letter threatening divorce an act of cruelty against husband: Delhi HC



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