Preventing father from meeting daughter is cruelty: High Court

Saurabh Malik

Chandigarh, July 2

In a significant judgment, the Punjab and Haryana High Court has held that preventing a father from meeting his daughter due to marital discord constitutes an act of mental cruelty. The Bench also made it clear that “irretrievable breakdown of marriage”, not a ground for divorce under the Hindu Marriage Act, could be taken into account by the court when cruelty stood proven.

Court’s observation

We are of the considered view that depriving the father of meeting his daughter by her mother on account of marital discord between the spouses would constitute an act of mental cruelty. High Court Bench

The ruling by the Bench of Justice Sudhir Singh and Justice Harsh Bunger came on an appeal filed by a wife against the judgment and decree dated October 12, 2021, passed by Faridabad family court, whereby the husband’s petition seeking dissolution of marriage by a decree of divorce was allowed. Her contention was that she never stopped the husband or his parents from meeting the minor daughter. As such, there was no occasion for the family court to consider the same as an act of cruelty.

The Bench asserted it was not the wife’s case that she voluntarily agreed or permitted the husband or his family to meet the daughter. It appeared that the visitation rights were granted to them following court’s intervention. It had also come on record that the wife had written a letter to the school indicating that the husband and his family should not be allowed to meet the minor daughter.

“We are of the considered view that depriving the father of meeting his daughter by her mother on account of marital discord between the spouses would constitute an act of mental cruelty,” the Bench asserted after hearing the submissions.

Referring to her counsel’s submission that ‘irretrievable breakdown of marriage’ was not a reason for divorce under the Act, the Bench asserted undoubtedly a decree of divorce could not be passed solely on this ground.

“However, irretrievable breakdown of marriage is a circumstance which the court can take into account when cruelty is proved and blend them together. In recent judgments, irretrievable breakdown of marriage has been blended with cruelty so as to dissolve the marriage between the parties, where the marriage is completely dead and beyond repair,” the Bench ruled.

It noted that the parties had been residing separately since 2015. Maintaining marital status was generally desirable. But nothing would be gained by keeping the parties tied to a marriage when it was totally dead. Dismissing the appeal, the Bench added resumption of normal marital life by the parties was not a possibility.