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The Delhi High Court has set aside the divorce granted to a man on the ground that his wife filed a criminal case to harass him and his family members following a matrimonial dispute.

Justice Kailash Gambhir was hearing an appeal filed by Ruchi (name changed) challenging the 2009 decision of a trial court to grant divorce to her husband.

Her husband said the criminal cases lodged by his wife amounted to harassment and cruelty.

‘This court does not find any merit in the reasoning given by the learned trial court that since there were more criminal cases filed by the appellant (wife), therefore, filing of such criminal cases would constitute cruelty to the respondent (husband),’ Justice Gambhir said in an order delivered Friday and made available Monday.

Counsel for Ruchi S.K. Bhalla said that the she and her husband got married April 14, 1994 in Delhi.

‘After a few years, their relationship turned sour, following which her husband moved a petition before the trial court seeking divorce’ which was granted in May 2009, said Bhalla.

The high court accepted Ruchi’s argument that the circumstances, including an alleged assault on her and attempt by the accused to kill her, forced her to register criminal cases against her husband and his family members.

The court rejected her husband’s submission that his wife started harassing him soon after the marriage on one pretext or the other.


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