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DENYING CHILD'S AFFECTION TO OTHER SPOUSE AMOUNTS TO MENTAL CRUELTY: DELHI HC
The Daily Guardian
|September 28, 2023
The Delhi High Court on Wednesday stated that while upholding the divorce of an estranged couple, “the calculated act of a spouse of denying the child’s affection to the other parent amounts to mental cruelty.”
The court dismissed an appeal by the wife against a 2018 family court order granting divorce and observed that in the instant case, the daughter was “totally alienated” and used as a weapon against the husband, an army officer.
In a recent order, the bench comprising Justice Suresh Kumar Kait and Neena Bansal Krishna stated, “The learned Principal Judge, Family Courts, has, therefore, rightly concluded that such child alienation is an extreme act of mental cruelty towards a father who has never shown any neglect for the child.”
The court stated discord and the disputes were between the couple, who got married in 1996 as per Hindu customs and rites, and no matter how bitter the relationship was, it was not appropriate to involve the child, embitter her against the father, or use her as a tool against him.
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