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Delhi HC: Baseless Allegations of Illicit Relationship Levelled on Spouse Amounts to Cruelty

Justice Siddharth Mridul and Justice Deepa Sharma in the matter has observed that alleging husband with false allegations of illicit relations causes mental pain, agony and suffering to the husband. Further such allegations cause lasting disruptions in the relations and also causes deep hurt
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Decision of a Family Judge has been recently upheld by the Delhi High Court. Family judge while granting divorce to a husband has accepted that baseless allegations on the husband of illicit relationship amounts to cruelty.

Justice Siddharth Mridul and Justice Deepa Sharma in the matter has observed that alleging husband with false allegations of illicit relations causes mental pain, agony, and suffering to the husband. Further such allegations cause lasting disruptions in the relations 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 appeal against the decision of the family judge passed in October 2017 was filed before the Delhi High Court. Appeal was filed under section 19 of Family Courts Act, 1984. The family judge passed an order in which the marriage was dissolved by the judge on the ground of cruelty by the appellant wife.

The husband had alleged his wife of the cruelty and has stated that his wife used to threaten him by saying that she will commit suicide and implicate him and his family members in a false dowry case. It was further pointed out by the husband that his wife has levelled false allegations on him of having affair with his sister-in-law.

Family Judge, however, ruled in favor of husband and opined that such serious allegations made falsely and baselessly are the gravest form of mental cruelty. Further, relying on various precedents High Court also upheld the judgment of Family Judge.

The court held that 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.

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Reviewed by:
Mehak Sharma
Published on 07-Mar-2018
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