Hindu Marriage Act, 1955, S. 13(1)(ia) | Irretrievable Breakdown of Marriage: Allegations of sexual impropriety against family members extinguishing reconciliation possibility is a factor for divorce. : Delhi High Court


In a significant matrimonial ruling, the Delhi High Court on 20 November 2025 set aside a Family Court judgment and granted divorce to appellant-husband Gaurav Dixit, holding that he had proved sustained mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

The Court found that the wife, Priyanka Sharma, repeatedly subjected the husband to abusive behaviour, suicide threats, verbal insults directed at his disabled mother, denial of marital relations, and ultimately deserted the matrimonial home without reasonable cause. The bench held that these acts, taken cumulatively, created prolonged mental agony and humiliation, constituting cruelty recognized in established Supreme Court precedents.

The Court also rejected the Family Court’s view that the husband had approached the court with “unclean hands”. The wife’s allegations of dowry harassment and attempted molestation by her father-in-law lacked contemporaneous evidence, with criminal proceedings being initiated only after the husband filed the divorce petition. Such belated allegations, the Court observed, weakened her credibility and could themselves amount to mental cruelty, as noted in earlier Supreme Court judgments.

The High Court emphasized that pregnancy or brief reconciliation cannot erase earlier acts of cruelty, especially when the abusive conduct continued thereafter. It also noted that the wife’s allegation of molestation against her father-in-law, even if assumed to be true, made restoration of cohabitation practically impossible.

Observing that the couple had been living separately since January 2020 and had no children, the Court concluded that the marriage had irretrievably broken down and continuation of the relationship would serve no purpose except prolonging suffering. The Court accordingly dissolved the marriage and reminded both parties to maintain civility in any future legal proceedings relating to maintenance or other reliefs


Case: Gaurav Dixit v. Priyanka Sharma
Decision Date: 20 November 2025
Court: Delhi High Court
Bench: Justice Anil Kshetrapal & Justice Renu Bhatnagar


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