'Traumatic Situation', False Allegations Of Sexual Assault By Wife Against Husband's Relatives Amounts To Cruelty: Punjab & Haryana High Court

The Punjab & Haryana High Court has made it clear that a false allegation of sexual assault by a wife against a husband's relatives amounts to cruelty and can be a ground for divorce.

A division bench of Justice Sudhir Singh and Justice Harsh Bunger said, "Levelling the allegations of sexual assault against all the male members of the family and the factum of them having been found innocent during the investigation, clearly amounts to cruelty."

The Court was hearing an appeal filed by the wife, challenging the divorce decree passed by a Family Court, whereby the divorce petition under Section 13 of the Hindu Marriage Act filed by the husband on the ground of cruelty, was allowed.

The husband contended before the family court that she used to mistreat him and his family since the very beginning of the marriage and also used to pick up quarrels on trivial matters.

The Family Court had opined that the "baseless allegations of sexual assault against all the male family members of the respondent-husband had amounted to cruelty."

However, the wife denied the allegations of cruelty and alleged that her husband and his family had been harassing and torturing her for bringing less dowry. 

After hearing the submissions, the Court noted said that "the allegations levelled by the appellant- wife regarding the sexual assault by her father-in-law and brother-in- law, cannot be treated to be general and omnibus in nature."

While noting that in the investigation it was found that allegations of sexual assault and cruelty against in-laws of the wife were "incorrect", the Court said, "Thus, one can safely conclude as to what traumatic situation the family members, especially the elderly father-in-law of the appellant-wife had been put in, when the appellant-wife had levelled the allegations of sexual assault against him."

"Still further, the conduct of the appellant-wife can be taken into consideration especially when she during her cross-examination stated that she had never levelled any allegation of sexual assault against her father-in-law. However, the fact remains that...it was proved on record that the wife had levelled the said allegations," added the Court.

In light of the above, the Court held that false allegations of sexual assault against the family members, including the elderly father of the husband, "amounts to mental cruelty and thus, the same provides a legal ground to the husband to seek divorce."

Consequently, the plea was dismissed.

Sandeep Singh Sangwan, Advocate, for the appellant.

Title: XXXX v. XXXX

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