‘Abortion sans hubby’s nod is cruelty’
He added that his wife always expressed unhappiness with the wedding and also said that he was not her first choice because of his dark complexion, because he was much older than her and was not attractive.
Man said his wife also refused to establish relationship of husband and wife with him. This caused him a great deal of mental agony and pain. It was only after continuous efforts for two months by him, his mother and other relatives as well as parents of the wife that she agreed to consummate the marriage.
The man also claimed that she was rude to his old mother but on several occasions also assaulted her.
The court observed, “One or two incidents of torture or harassment or misbehaviour do not constitute cruelty. It is the consistent and contin- uous conduct of a spouse, during the existence of the marriage which needs to be considered in its totality, to judge if the conduct was such that it amounted to cruelty.”
“It is the contemporaneous conduct of the spouse which is material. Normal wear and tear of a family life is not sufficient to constitute cruelty. The cruelty should be of such nature which makes it difficult for the other spouse to live in the matrimonial home,” it added.
The court also observed that the husband had proved the cruelty meted out to him which was sufficient to prove that he was subjected to mental agony.
Man said his wife was against birth of 2nd child as she felt it would harm her physical beauty
Delhi High Court dismissed the plea of a wife seeking stay on divorce.