Masterchef Kunal Granted Divorce On Grounds Of Cruelty By Wife

While deciding the appeal filed by Celebrity Chef Kunal Kapur against the judgement passed by the Family Court, the Delhi High Court granted divorce based on the grounds of cruelty, as the Court observed that his wife, with an intention of discrediting him, charged “wild accusations” against him.

Facts of the Case- 

• The parties married in the year 2008 and had a son in the year 2013, however, due to serious challenges they faced in their marriage, the husband applied for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 before the Trial Court. 
• The appellant (husband) claimed numerous instances of cruelty committed by the wife (respondent), which included the disrespect towards the husband and in-laws, false claims of dowry demands, the wife quit her job while did not contribute towards the household, committing acts of getting engaged in physical fights to make unreasonable demands, also filed fake police complaints. 
• The Family Court decided that the claims made by the appellant could not be counted as cruelty. Thus, quashing his case for divorce, resulting which the appellant moved the Delhi High Court.

Observations by the High Court 

• It was argued by the Counsel on behalf of the appellant that the behaviour of the  respondent constituted cruelty as per the provisions of the Hindu Marriage Act, thus warranting a divorce, presenting witnesses testifying the disrespectful conduct of the respondent as well as of her quitting her job and making unreasonable demands.
•  The respondent, on the other hand denied such allegations claiming that she compromised her career for the family and that the accusations made by the appellant were baseless with an intent of tarnishing her reputation. 
• The testimonies and claims presented by the parties were examined carefully by the Court including numerous incidents mentioned by the appellant which included the conduct of the respondent of disrespecting the husband and in-laws, etc. 
• The defence presented by the respondent was also analysed by the Hon’ble Court as well as verifying the credibility of her version of events as well as the witnesses and other evidences presented. 
• The Court came to the conclusion that the conduct of the wife did amount to the act of cruelty under Section 13(1)(ia) of the Hindu Marriage Act as the acts of respondent which included disrespecting her in-laws, engaging in physical abuse, alleging false claims of dowry demands, etc do constitute the grounds for divorce.
• The Court observed that even thought no set scale is there to account for as to what shall constitute the act of cruelty and what not, acts where physical harm is caused  to another person does imply that the person using physical violence is actually not in control of his or her temperament and would result in the act of cruelty.
• Also, as per the evidences produced, in spite of requests on part of the appellant to not continue fight in the presence of their kid and the respondent, who still remained unbothered by it acting in the heat of the moment would no doubt be treated as an act of grave cruelty against the spouse.
• The Court held that the conduct of the respondent towards her husband is found to be devoid of dignity and empathy. The behaviour of one partner towards the another is such, it is against the very essence of marriage and there is possibly no reason as to why the couple should be compelled to live together in continuous agony.
• Hence, in the case of  [Kunal Kapur v Ekta Kapur, Mat App. (F.C.) 321/2018, decided on 02-04-2024], the divorce petition by the appellant was granted by the  Delhi High Court setting aside the judgement of the Family Court.

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