New Delhi: A Husband is allowed to divorce his separated wife, by the High Court of Delhi, considering that a Single Letter can constitute an ‘act of cruelty’.
The concerned Husband and Wife got married around Thirty- Five years back i.e. in the year 1980 and also notably, it was seen in the case concerned that they have been living separately since from the past Twenty- eight years, as it was found in the year 1987, that the Husband who moved for United States leaving his wife in India and also a Four- years old Daughter who bought up during the said wedlock.
However, there was a letter found written by a wife to his husband in the year 1990, where the Wife stated that they should head for a divorce, due to the reason that she found her “old friend”, and also said “old Friend” was mentioned to be ready for marrying her and also ready to accept her minor daughter.
Moreover, as learnt from the sources, when the matter was brought up in the Court i.e. in the year 1990, the concerned Wife found admitting that there was no truth in the letter, and she was showing her willingness to stay with her husband in abroad or even at back home.
However, now, the bench of the Delhi High Court comprising of Justice- Najmi Waziri considered the matter, and found that the “threat Letter by the Wife” is an act of Cruelty. And also the bench has also pointed out that due to such “treat Letter” the Husband suffered mental agony. Thus, the decision of the Trial Court is upheld by the Justice- Najmi Waziri and decided to dissolve the marriage on the ground of the cruelty.
Moreover, while commenting on the issue, Justice- Waziri found stating that it is painful for the Husband who is living away from his wife since from 1987, have received a letter from her Wife, where she intimates him about her unequivocal decision for dissolving the marriage and marrying with another man. Also, such element of rejection is also considered to be attached with the brunt of emotional infidelity by the wife, and as such, this can hurt the spirit of Husband as to continuation of the marital life.
Adv. Faim Khalilkhan Pathan.