Falsely Accusing Spouse Of Extra Marital Relationship, Refusal To Accept Children Constitutes Mental Cruelty: Delhi High Court

The Delhi High Court has recently observed that falsely accusing a spouse of being in an extra marital relationship and denying parentage of the children constitutes mental cruelty.

A division bench comprising of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said that repudiation of the matrimonial bond and refusal to accept the children, who are innocent victims in the vile allegations made by the spouse, is nothing but the act of mental cruelty of the gravest kind.

“Such scandalous, unsubstantiated aspersions of perfidiousness attributed to the spouse and not even sparing the children, would amount to worst form of insult and cruelty, sufficient by disentitle the appellant from seeking divorce,” the court said.

It added that marriage whittles down when sprinkled with accusations on character, fidelity and chastity of the spouse.

The court said that marital bond becomes beyond redemption when the devastating effects of “one-sided barrage of accusations” is topped with rejection of paternity and legitimacy of the innocent children, by their own father.

The court made the observations while upholding a family court order who refused to grant him divorce on the grounds of cruelty by the wife. The parties got married in 2005.

Dismissing the husband's appeal, the bench noted that he had consistently and adamantly raised doubts about the wife's character and claimed that she was having illicit relationship not only with one but many individuals.

However, the court said, that the husband admitted in his cross-examination that he had never seen the wife with any person in an objectionable condition.

“Such deplorable allegations and repudiation of the matrimonial bond and refusal to accept the children, who are innocent victims in the vile allegations made by the appellant, is nothing but the act of mental cruelty of the gravest kind,” the court said.

It added that the family court had rightly observed that levelling of disgusting allegations of unchastity and indecent familiarity with a person outside wedlock and allegations of extra marital relationship, constitute grave assault on the character, honour, reputation, status as well as mental health of the spouse.

“Such scandalous, unsubstantiated aspersions of perfidiousness attributed to the spouse and not even sparing the children, would amount to worst form of insult and cruelty, sufficient by disentitle the appellant from seeking divorce. This is one case where the appellant has himself committed the wrong and cannot be granted the benefit of divorce. The relentless and incessant nature of the volley of allegations made,” the court said.

The bench said that the husband failed to prove any of his allegations made against the wife and that he made vague and general allegations regarding threats to commit suicide and implication in criminal cases.

The court observed that it was the wife who was subjected to cruelty and not the husband.

Title: X v. Y

Citation: 2024 LiveLaw (Del) 498

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