The Delhi High Court upheld a divorce on the ground of cruelty, ruling that making baseless, unsubstantiated allegations of a spouse’s infidelity causes mental agony, public humiliation, and constitutes extreme cruelty under matrimonial law.
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NEW DELHI: In a judgment reinforcing the principles of fairness and dignity in matrimonial relationships, the Delhi High Court upheld a divorce decree granted on the ground of cruelty. The Court observed that making baseless accusations of infidelity against a spouse, without any proof, particulars, or corroboration, amounts to mental cruelty.
Background
The case involved a couple married in 1997 according to Hindu rites. They had a child in 1998. Over time, their relationship deteriorated amid frequent disputes and mutual accusations.
The husband alleged that his wife was quarrelsome, suspicious, and frequently created discord both at home and at her workplace, eventually forcing him to relocate to Delhi.
The wife, on the other hand, accused her husband of dowry harassment, physical abuse, and infidelity. In 2012, she claimed to have seen him with another woman, allegedly pregnant with his child. Later, she filed an FIR under Sections 498A and 323 of the IPC, accusing him of assault, theft of jewellery, and maintaining illicit relationships.
Over the years, both parties filed multiple complaints and counter-complaints. The Family Court ultimately dissolved the marriage on the grounds of cruelty, leading the wife to appeal before the Delhi High Court.
The Court’s Observations
A Division Bench comprising Justice Anil Kshetrapal and Justice Harish Vaidyanathan Shankar examined the record and found that the wife’s repeated accusations of adultery were vague, sweeping, and wholly unsubstantiated.
“To accuse a spouse of infidelity without particulars, corroboration, or proof is not only irresponsible but also inherently cruel,”
the Court remarked.
The Bench noted that these allegations were not supported by any credible evidence and that the wife failed to cross-examine her husband on key points. Her conduct, filing multiple false or exaggerated complaints over time, amounted to a deliberate attempt to tarnish her husband’s reputation.
The Court emphasized that false, defamatory, and humiliating accusations made by one spouse against another can inflict deep psychological harm and constitute extreme cruelty under matrimonial law.
The Bench observed that the husband suffered humiliation, harassment, and damage to his social and professional reputation due to the repeated and unproven charges. Such vindictive behavior, the Court held, was far beyond ordinary marital discord.
“Marriage rests upon trust and respect. The Respondent was instead met with public humiliation and reckless allegations from his own spouse. No person can reasonably be expected to continue cohabiting under such conditions,”
the judgment stated.
The Court found that the couple’s relationship had completely broken down, characterized by hostility and acrimony. The wife’s persistent filing of vexatious litigation against her husband and his family revealed a vindictive intent rather than any attempt at reconciliation.
Continuing the marriage, the Court said, would only prolong the cruelty and “further degrade the already cancerous state of affairs.”
The Delhi High Court dismissed the wife’s appeal, affirming the Family Court’s decree of divorce on the ground of mental cruelty.
“The making of false, reckless, and unsubstantiated allegations, coupled with the initiation of multiple vexatious litigations… reveals a vindictive intent on the part of the Appellant. Such conduct clearly amounts to extreme cruelty,”
the Court concluded.
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Appearance:
Appellant: Advocate Mansi Sharma
Respondent: Advocates Tej Pratap, Illashree, and Imtiyaz Hussain.
Case Title:
MS. ANUPAMA SHARMA versus SHRI SANJAY SHARMA
MAT.APP.(F.C.) 142/2022, CM APPL. 40408/2022 & CM APPL. 40409/2022
Read Judgment: