Derogatory plaints to spouse’s employer cruelty: High Court

New Delhi, April 18

The Delhi High Court has ruled that making derogatory complaints to the spouse’s employer with intent to harm professional reputation and financial well-being amounts to cruelty. A bench headed by Justice Suresh Kumar Kait, while dissolving the marriage between a couple, stated that making such complaints demonstrates lack of mutual respect and goodwill, which is crucial for a healthy marriage.

The appellant husband challenged a family court order refusing to grant him divorce, saying he endured severe mental torture and anguish in the relationship. He alleged that the wife sent complaints to his employer with the intention of causing him embarrassment and humiliation in front of his colleagues.

“Whether the complaints were false or true, irrespective of this fact, making derogatory complaints to the employer of spouse, with intent to harm professional reputation and financial well-being, is nothing but cruelty,” observed the bench, also comprising Justice Neena Bansal Krishna, in its order passed earlier this month.

“Making such complaints demonstrate lack of mutual respect and goodwill, which is crucial for a healthy marriage and merely by stating that such complaints were made after the parties have separated, in no manner absolves a spouse from the guilt of committing cruelty,” stated the court. The marriage between the parties was solemnized in January 2011 according to Hindu rites and ceremonies and the parties had been living separately since September 2011.

In the order, the court said the wife’s conduct leads to the inevitable conclusion that her behaviour caused serious concern in the husband’s mind, disturbing his mental peace and making it untenable for the parties to sustain their marital relationship.

“The respondent’s admission to sending a message containing derogatory language towards the appellant’s father and filing of complaints with his employer can be considered as cruelty,” the court stated.