Delhi High Court: False Accusations of Extra-Marital Affairs Are Mental Cruelty, Upholds Divorce for Husband
The Delhi High Court has upheld a divorce granted to a husband, stating that false allegations of extra-marital affairs by the wife are a serious attack on a person’s character and mental health, and qualify as mental cruelty under Section 13(1)(a) of the Hindu Marriage Act, 1955.
The case involved a woman who challenged a Family Court’s order dated 31 January 2019, which had granted her husband a decree of divorce. The High Court, however, dismissed her appeal and supported the family court’s ruling.
A bench of Acting Chief Justice Vipin Sanghi and Justice Dinesh Kumar Sharma said that making baseless accusations like having an extra-marital relationship causes emotional pain and suffering. The judges said that such actions reflect cruelty and must be strongly discouraged.
The couple got married on 29 June 2014 but their relationship turned bitter soon after. They had been living separately since June 2016. In March 2017, the husband filed for divorce citing cruelty.
The wife had filed an FIR under Sections 354, 354A, 354B, and 354C of the IPC against her father-in-law, accusing him of inappropriate behavior. However, the police case ended in acquittal, and she was unable to prove the charges in court.
The High Court agreed with the Family Court’s finding that the wife’s serious and false allegations against both the husband and his father amounted to character assassination and mental cruelty.
The court said:
“Marriage is a sacred bond, and its purity must be protected. Making such false accusations breaks the trust and respect essential for a healthy relationship.”
Since the wife failed to present solid evidence, and the criminal case was dismissed, the court ruled that these acts qualified as cruelty and found no reason to reverse the divorce decision.
Thus, the wife’s appeal was dismissed, and the divorce decree remained valid.
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