Delhi High Court: False Allegations of Dowry Harassment and Rape Constitute “Extreme Cruelty”
The Delhi High Court, in a recent judgment, upheld a family court’s decision to grant a divorce to a man, emphasizing that levying
“false allegations”
of dowry harassment and rape against the husband’s family amounts to an
“act of extreme cruelty.”
Such actions, the court noted, cannot be overlooked or condoned.
The division bench, comprising Justice Suresh Kumar Kait and Justice Neena Bansal Krishna, delivered the verdict on August 22. While dismissing the wife’s appeal against the family court’s order dated November 11, 2021, the bench remarked,
“Principal Judge (family court) has rightly referred to the respective testimony of the parties to conclude that there was no evidence to show that the marriage was not consummated but there was sufficient evidence to prove that there was reluctance on the part of the appellant who was never forthcoming for cohabitation.”
The court’s observations further highlighted that the couple had been living separately since 2014. This prolonged separation, spanning almost nine years, underscored their inability to maintain a matrimonial bond, thereby depriving each other of mutual companionship and the benefits of a conjugal relationship. The court opined that such an extended period of separation signifies
“utmost mental cruelty,”
warranting an immediate dissolution of the matrimonial bond based on the grounds of cruelty as per the Hindu Marriage Act.
Additionally, the Delhi High Court pointed out that even though the wife had filed an appeal, it doesn’t negate the sessions court’s observations
“that the allegations were manipulative and false.”
This judgment by the Delhi High Court underscores the significance of truthfulness and integrity in matrimonial disputes and highlights the severe implications of making unfounded allegations. The court’s stance serves as a reminder of the importance of upholding justice and fairness in such sensitive matters.
