The High Court of Delhi in the case of Vandana Singh v/s Satish Kumar dissolved the Marriage as the husband treated his overseas wife as Temporary companion like someone to serve him when he visits India.
The marriage of the parties was solemnized on 06.05.2010 at Arya Samaj Vivah Mandir Trust (Regd) at Manvi Kalan, Near Tehsil Khekra, Bhagpat, UP according to Hindu Rites and Ceremonies. The marriage was consummated but no child was born out of their wedlock.
The Appellant, Vandana Singh averred that the Respondent had initially, cleverly, convinced her not to inform either of their parents about their marriage. After the marriage ceremony, the couple went to Lucknow, and then to Agra for their honeymoon, and thereafter both parties returned to their respective homes. Thereafter, the Respondent left for Canada for his job, taking along with him all marriage documents and photographs. Thereafter respondents visited India time and again for 1 to 2 days. Further she averred that on all these occasions, the Respondent was physically, mentally and sexually abusive towards her.
The Issues raised in the court are whether the long periods of continuous separation between the parties led to the matrimonial bond being breached beyond repair, which tantamounted to cruelty.
Additionally, whether the conduct of the respondent before, or after the filing of the Divorce Petition has been such as to cause mental cruelty to the Appellant to such an extent, that she cannot be reasonably expected to live with the Respondent.
The division bench of Justice Vipin Sanghi and Justice Jasmeet Singh noted that the respondent has treated, and continues to treat, the appellant’s family with disdain. This conduct of the respondent would also have caused immense mental cruelty to the appellant, sufficient for her to reasonably conclude that she cannot continue her relationship with the respondent.
The court while allowing the appeal held that the conduct of the respondent establishes the ground of mental cruelty caused to the appellant. The court set aside the impugned judgment and decree, and dissolved the marriage between the parties by a decree of divorce on the ground of cruelty contained in Section 13(1)(ia)of the Hindu Marriage Act.