Accusations Of Extra Marital Relationship "Grave Assault" On Health & Character Of Spouse: Delhi High Court Upholds Divorce Decree

Upholding a Family Court order granting decree of divorce in favour of the husband, the Delhi High Court has dismissed wife's appeal noting that accusations of unchastity or extra marital relationship is a grave assault on the character as well as health of the spouse against whom such allegations are made.

A division bench comprising of Acting Chief Justice Vipin Sanghi and Justice Dinesh Kumar Sharma also added that while such allegations of extra marital affairs causes mental pain, agony suffering and tantamount to cruelty, the tendency of making false allegations must be deprecated by the Courts.

The Court was of the view that the Family Court had correctly appreciated the evidence and had rightly found that the appellant wife, by making unfounded allegations amounting to character assassination against the respondent husband and his father, had inflicted mental cruelty upon the the husband.

"The malintent of the appellant is also evident from her admission of publicising her allegations against her father-in-law. His reputation would have been tarnished by such irresponsible conduct of the appellant," the Court noted.

The appellant wife had challenged the judgment dated 31.01.2019, whereby the Family Court had granted a decree of divorce in favour of the respondent husband under sec. 13 (1)(a) of the Hindu Marriage Act, 1955.

The parties were married on 29.06.2014. However, immediately after marriage, the relations between the couple turned sour. The parties were residing separately since June, 2016.

The appellant wife then lodged an FIR under sec. 354, 354A, 354B and 354-C of IPC against her father-in-law. The divorce petition was filed by the respondent husband on the ground of the cruelty on 08.03.2017. The Family Court after the trial, granted decree of divorce.

"In the evidence before the Trial Court, the appellant failed to bring any credible evidence to prove her allegations. It is also a matter of record now, that the police case filed by the appellant against her father-in-law i.e. the father of the respondent has also resulted in acquittal," the Court noted.

It added,

"It has repeatedly been held that accusations of unchastity or extra marital relationship is a grave assault on character, status, reputation as well as health of the spouse against whom such allegations were made. It causes mental pain, agony suffering and tantamount to cruelty. The allegations of extra marital affairs in relationship are serious allegations, which have to be made with all seriousness. The tendency of making false allegations has to be deprecated by the Courts."

Accordingly, the Court was of the view that the appellant wife had made serious allegations, however the same were not substantiated during the trial. It noted that the wife had also filed a serious complaint against the father of the husband, which also resulted in acquittal.

"We consider that these two aspects simply can be taken as acts of cruelty by the appellant, upon the respondent. The marriage is solemn relation and it's purity must be maintained for a healthy society. Thus, we see no reason to interfere with the impugned judgment and decree," the Court ordered.

Accordingly, the plea was dismissed.

Case Title: x v. Y

Citation: 2022 LiveLaw (Del) 227

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