Pressurising the husband to fulfil "distant and whimsical dreams" beyond his financial limit may create a sense of "persistent dissatisfaction" and eventually would cause sufficient mental strain to disrupt the happiness and harmony of married life, the Delhi High Court has said.
A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna made the observation while upholding the divorce of a couple on the ground of cruelty by wife.
The judges said a wife should not be a constant reminder of an individual's financial limitations, adding that one must tread carefully between needs, wants and desires.
The division bench dismissed the wife's appeal in the case in which she challenged a family court order granting her divorce from her husband on the ground of cruelty by her and for no restoration of conjugal rights for a year after passing of the decree in this regard.
"Though these incidents may seem to be innocuous, insignificant or trifling when considered independently, but when such conduct prevails over a period of time, it is bound to create mental stress of the kind, which makes it impossible for the parties to survive in their matrimonial relationship," the bench said.
The bench further said that different incidents narrated by the husband towards the overall conduct and a "non-adjusting attitude" of the wife, who lacked maturity to even address differences with him, resulted in the "irresistible conclusion" that such behaviour was certain to cause him anxiety and disturb his mental peace.
The bench upheld the couple's divorce under Section 13 (A) (ii) of the Hindu Marriage Act, which states that if there is no restoration of conjugal rights despite a decree under Section 9 for a period of one year, either party can seek the marriage's dissolution.
