Husband, wife family's pillars; can't expect one to hold house together: Delhi HC

'If one pillar gets weak or breaks, the whole house crashes down', the court said

Husband and wife are a family's two pillars that can withstand all abuses together but when one pillar gives up, it cannot be expected that the other pillar will single-handedly hold the house together, observed the Delhi High Court on Monday.

A bench headed by Acting Chief Justice Vipin Sanghi observed while dismissing an appeal by the husband against the divorce granted by the family court as it said that the appellant failed to discharge his duties as a husband and a father and “put the entire burden on the respondent (the wife) to manage the house, her job, and to look after the children”.

The bench, also comprising Justice Jasmeet Singh stated that the appellant did not take any responsibility and instead continuously abused his wife, insulted her as well as her family members, doubted her character, and even demanded money to give divorce.

“Husband and wife are two pillars of the family. Together they can deal with any situation, balancing the family in all circumstances. If one pillar gets weak or breaks, the whole house crashes down. The pillars can withstand all the abuses together, the moment one pillar gets weak or deteriorates, it becomes difficult to hold the house together,” said the court in its order.

“When one pillar gives up and puts all the burden on the other pillar, then it cannot be expected that one pillar will single-handedly hold the house together,” it added.

In the present case, the court said that it found no infirmity in the family court's order and observed that even though the parties were married for nearly 24 years, the bond between them has irretrievably broken down and the wife has “well established the ground of mental cruelty” by the appellant.

“No direct evidence is required, the trauma and mental suffering undergone by the respondent, and attitude of the appellant towards his family, evidently show that the appellant has caused mental cruelty to the appellant,” the court stated.

“He failed to discharge his duties as a husband – and especially as a father. Even after directions of this Court and the Family Court, the appellant falsified about his earnings and failed to pay the maintenance for his daughters. Prima facie, the allegation of domestic violence had been proved and learned Metropolitan Magistrate granted interim relief to the respondent,” the court said.

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