No Law Gives Right To Husband To Beat, Torture Wife: Delhi High Court

New Delhi: 

No law gives the right to a husband to beat and torture his wife, the Delhi High Court has held while granting divorce to a woman on the grounds of cruelty and desertion by the man.

The high court said, in this case, it has been proved that the man failed to resume companionship with his wife and not only did there exist physical separation but it was also coupled with “animus” of not bringing her back to the matrimonial home.

Taking into account the medical documents of the woman, the high court said in the absence of any rebuttal by the man, it has to 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,” a bench of Justices Suresh Kumar Kait and Neena Bansal Krishna said.

The court noted that the man, who was present before it at the time of the passing of the verdict, had no objection to the grant of divorce.

“We accordingly find merit in the appeal and the marriage between the appellant and the respondent is hereby dissolved,” the bench said.