Divorce — Cruelty · 19 August 2026
Delhi High Court Upholds Divorce, Finds Wife's Extra-Marital Allegations an Afterthought Raised Only After the Divorce Notice
High Court of Delhi · 2026 LiveLaw (Del) 764
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A husband sought divorce alleging his wife was quarrelsome with him and his parents from early in the marriage, had the family kitchen split off, continued to fight with him even after they moved to Delhi, and denied him physical relations. The wife, in response, alleged the husband abused and beat her, pressured her to transfer a flat into his name, was having an extra-marital affair with a colleague, had bought a house in that colleague's name, and had sold her jewellery and taken ₹1.5 lakh in cash from her. The Family Court granted the husband's divorce petition on grounds of cruelty; the wife appealed.
A Division Bench of the Delhi High Court dismissed her appeal. It agreed with the Trial Court that the wife's allegations of the husband's affair and financial misconduct were unproved and had surfaced only after she received notice of the divorce petition, treating them as an afterthought raised to counter the case rather than a contemporaneous complaint. It held that her sustained discord with the husband and his parents, and her refusal to unlock her room in the matrimonial home even after the couple had moved out, amounted to cruelty, and upheld the divorce on that basis. The Court's finding rested on its assessment that her counter-allegations were not established on the evidence, not on any independent finding that they were false.
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