A division bench of Delhi High Court, held that ‘Mother igniting animosity in children towards father is cruelty, valid ground for divorce’.
From Paras 32-33,
32. It is unfortunate that despite the respondent being educated, she was unable to manage her sentiments and emotions, when it came to her husband. She has made adulterous allegations against the appellant and according to her, she had even taken the phone number and the photographs of the lady. However, significantly nothing has found its way to the present proceedings and no cogent evidence of the same has surfaced. Making such unwarranted allegations of adultery without any corroboration, is an act of mental cruelty as held in the case of Vijaykumar Ramchandra Bhate v. Neela Vijaykumar Bhate, (2003) 6 SCC 334 and A. Jayachandra v. Aneel Kaur, (2005) 2 SCC 22. Similar observations were also made in the case of Jayanti vs Rakesh Mediratta, 2016 SCC OnLine Del 5760.
33. The differences between two adults may arise due to myriad reasons, some may be temperamental or factual, but the irrationality of the conduct ofthe respondent is brought forth by her conduct of involving in eight years old child, in their disputes. The petitioner and the respondent may not have been able to generate mutual affection, respect and understanding due to their differences, but it does not justify the act of the respondent in embroiling their minor daughter in their fights. Taking a small daughteralong with her with a specific design to the house of the appellant and then to make allegations of adultery and call the Police, is an act of ruining thepsyche of a child and turning her against her father. A person may be a badhusband but that does not lead to the necessary conclusion of he being a badfather. The act of the respondent in trying to turn the children against their father and even making her write a complaint against her father, is a clear case of parental alienation, which in itself is an act of grave mental cruelty.
From Para 36,
Kanwal Kishore Girdhar Vs Seema Girdhar on 28 Feb 202436. This is a clear case of parental alienation where the respondent has not even spared her children and has involved them in her differences, with the appellant. Such conduct of making unsubstantiated allegations of adultery coupled with involving their child in the inter se disputes between the parties, can be termed as nothing but an extreme act of cruelty.
Index of Divorce judgments is here.