Himachal Pradesh High Court: Dragging Wife in Litigation for 2 Years after Settlement is Mental Cruelty
The Himachal Pradesh High Court has ruled that dragging one’s wife through litigation for two years after a settlement is a clear example of mental cruelty. Justice Vivek Singh Thakur and Justice Sushil Kukreja bench affirmed the Family Court’s decision and rejected the husband’s appeal.
On May 30, 2024, the Mandi Family Court granted a divorce, citing mental cruelty and abandonment as grounds under the relevant provisions of the Hindu Marriage Act. The case further complicated when the wife filed an FIR under IPC Sections 498A, 323, 504, and 506 against the husband’s father and sister.
The parties had reached a settlement where the wife agreed to withdraw her complaints under the Domestic Violence Act and FIR in exchange for the husband consenting to an uncontested divorce petition. However, the husband opposed the divorce proceedings for almost two years, causing prolonged legal turmoil for his wife.
The High Court observed that violating the settlement to harass a party amounts to mental cruelty and abuse of the judicial process. The court dismissed the husband’s appeal and upheld the trial court’s verdict.
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