The Madhya Pradesh High Court ruled that false allegations of infidelity amount to mental cruelty, granting divorce to a husband whose wife accused him without proof, emphasizing that anger cannot justify defamatory claims in marriage.
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MADHYA PRADESH: In a recent judgment that underscores the serious impact of false allegations within marriage, the Madhya Pradesh High Court granted a divorce to a man whose wife had accused him of infidelity without any proof. The Court held that making baseless allegations about a spouse’s character amounts to mental cruelty, and such acts can justify the dissolution of a marriage.
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Case Background
The couple married in 2002 and had one child together. However, the relationship deteriorated over time, and they had been living separately for at least three years before the case reached the High Court.
The husband filed for divorce in 2021, alleging cruelty and desertion by his wife. In 2024, the family court granted only a decree of judicial separation, refusing to dissolve the marriage completely. Dissatisfied, the husband appealed to the High Court.
The wife, on the other hand, objected to the family court’s findings, claiming she was always willing to resume marital ties.
The Wife’s Allegations
The crux of the matter lay in the wife’s repeated claims that her husband was involved in extramarital affairs. She even claimed to have photographic evidence and chat records proving his alleged misconduct.
However, when these were presented in court:
- The photocopies of chats lacked authenticity certificates under the Indian Evidence Act.
- The photographs merely showed condoms and unrelated images, which the court said did not establish any immoral conduct.
The Court emphasized that such unverified and baseless allegations, made both in written petitions under Section 125 CrPC and Section 12 of the Domestic Violence Act, caused immense mental agony to the husband.
Court’s Observations
The Division Bench observed that:
“Making baseless and false allegations of the nature of moral turpitude not only causes mental agony to the other party of marriage but brings the marital relationship to its doom.”
The Court refused to accept the wife’s argument that her statements were made “in anger,” noting that anger does not absolve one from the responsibility of defaming another’s moral character.
Furthermore, the Court stated that the wife’s conduct, repeatedly accusing her husband of immorality without proof, constituted cruelty under Section 13(1)(ia) of the Hindu Marriage Act.
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While the husband also sought divorce on the grounds of desertion, the Court rejected this claim.
It was observed that, despite not having shared physical intimacy since 2019, the couple continued to meet and spend time with their daughter. This, according to the Court, showed no intention of permanent separation, a key requirement to prove desertion.
After evaluating all evidence, the Court concluded:
“On the ground of cruelty, the husband deserves a decree of divorce. There is no justification for refusing it when the wife has made false and defamatory allegations about his character.”
Accordingly:
- The husband’s appeal was allowed.
- The wife’s cross-objection was dismissed.
- The marriage, solemnized on December 8, 2002, was dissolved on the grounds of cruelty.
Appearance:
For appellant (husband): Advocate Ajay Kumar Ojha
For respondent (wife): Advocate Vaibhav Tiwari
Case Title:
TUSHAR BELAPURKAR Versus SMT. ASHWIN
FIRST APPEAL No. 930 of 2024
Read Judgment:
