Leveling Baseless Allegations Of Illicit Relationship On Spouse Amounts To Cruelty: Delhi HC [Read Judgment]

The Delhi High Court recently upheld the decision of a Family Judge who had granted divorce to a husband accepting leveling of baseless allegations of illicit relationships as amounting to cruelty.

"We find that leveling of false allegations of illicit relations of such nature and magnitude causes mental pain, agony and suffering to the husband. Such allegations causes profound and lasting disruptions in the relationships and also causes deep hurt and reasonable apprehension that it would be dangerous to live with a wife, especially when she is also threatening to commit suicide," the Bench comprising Justice Siddharth Mridul and Justice Deepa Sharma observed.

The Court was hearing an Appeal filed under Section 19 of the Family Courts Act, 1984, challenging an order passed in October last year, whereby marriage between the parties was dissolved on the ground of cruelty being committed by the appellant- wife.

The husband had alleged cruelty, contending inter alia that his wife used to threaten him saying that she would commit suicide and implicate his family members in a false dowry case. He had further pointed out that the wife had leveled several allegations of him having an illicit affair with his sister-in-law.

The Family Judge had, however, ruled in favor of the husband, opining that such reckless and bald allegations without any cogent proof itself amount to the gravest form of mental cruelty. Referring to various precedents, the High Court upheld this reasoning as well, observing,

"Such allegations about having illicit relations with Bhabhi certainly fall within the category of grave and weighty cruelty. These unsubstantiated allegations are of the nature to cause mental suffering to a person against whom such allegations are leveled. The appellant has not only leveled such bald allegations against her husband, but also against her sister-in-law (wife of elder brother of the respondent) and thereby maligning her reputation as well. She has in fact indulged into an act of character assassination of her husband and his Bhabhi."