Mother Turning Child Against Father Is Cruelty, Grounds For Divorce: Delhi HC

In a significant ruling, the Delhi High Court observed that a woman turning her children against their father and making them write complaints against him is a case of parental alienation. It makes a valid case of the woman committing mental cruelty against the husband/father. The court hence entitled the petitioner husband to divorce under the Hindu Marriage Act. Read on to learn more about the judgement.

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna observed that parental alienation has a detrimental impact on both the children and the father.

Case of parental alienation

Concerning the present case, the judges said, "Taking a small daughter along with her with a specific design to the house of the appellant [husband] and then to make allegations of adultery and call the Police, is an act of ruining the psyche of a child and turning her against her father."

The court said that differences with spouses are inevitable. However, it is not fair to involve kids in their differences and arguments. The act of the woman turning her daughter against her father is not only cruel towards the father but also an act of gross inhumanity towards the child.  

The court's final judgement: divorce granted to the husband

In the petition, the husband had accused his wife of turning their daughter against him by making false accusations against him. He sought divorce on the grounds of cruelty. Even though the court heard the contesting claims of both sides, it found that the evidence supported the husband's plea.

The judges hence said, "We, hereby conclude that the appellant has been able to prove cruelty at the hands of the respondent. We hereby set-aside the impugned Judgment dated 19.10.2018 and grant divorce on the ground of cruelty under Section 13 (i) (ia) of the Hindu Marriage Act, 1955."