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.

After consultations, the bench of Justices Kurian Joseph and Hemant Gupta passed the following order:

“Learned counsel for the petitioner submits that the respondent/ husband is no more. Petitioner could not contest the matter on merits. It is also submitted that the petitioner is not concerned about the marital status (divorce) but is seriously disturbed about the findings (on her character) rendered by the courts.

“Since the petitioner has no objection if the order granted by the courts on the ground of cruelty is sustained, all other imputations on the character of the petitioner are expunged except the cruelty.”

The trial court had accepted the husband’s claim that the woman had been unfaithful to him and cruel and harsh towards him and his family.

He had alleged that she used to leave her matrimonial home without telling anyone and abused him, often calling him impotent, when he questioned her behaviour.