High Court of Delhi

SA v. AA

22.03.2016

Family

Hurling abuse causes more than normal marital ‘wear and tear’

Calling of names and hurling abuse at spouse’s weight, being likely to lower self respect and self esteem, can amount to mental cruelty. In the instant case, the husband had alleged the wife to have made frequent comments about him being overweight and had physically assaulted him. The court opined that such comments, and various other personal remarks were not make jokingly and the husband was sensitive to such taunts. It rejected submissions that the claims of the husband about humiliation, physical abuse, separation from the child were vague and unsubstantiated. It noted that “to seek corroboration to a fact pertaining to health of the [marital life]…which are known only to the spouses to the exclusion of all others, would amount to shutting ones eye”. The court concluded that the events of physical and mental misconducts by the wife were beyond the normal “wear and tear of marriage”, having led to the breakdown of the marital bond.

Relevant

Neelu Chopra v. Bharti MANU/SC/1733/2009
Bank of India & Anr. v. K. Mohandas & Ors. MANU/SC/0491/2009
Sher Mohammad vs. Mohan Magotra MANU/DE/2077/2013

Tags : marital bond abuse physical appearance

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