Cruelty? Yes; Adultery? No. Court accepts

The Supreme Court on Friday allowed a Delhi-based woman’s unusual request to expunge two subordinate courts’ adverse findings on her “character” but sustain the divorce granted to her late husband on the ground of “cruelty”. On February 25, 2010, the trial court had granted divorce to the husband under the Hindu Marriages Act on the ground of “cruelty” and her affair with another man. While the woman’s appeal against the divorce was pending in the high court, the husband died on August 4, 2015. The high court continued with the proceedings by appointing an amicus curiae and dismissed her appeal on April 19, 2018, upholding the trial court findings on cruelty and adultery. She then appealed in the apex court challenging the divorce. But during the proceedings, her counsel Dushyant Parashar said she was willing to accept the divorce but the disparaging remarks by the trial court and the high court on her character should be expunged.

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