Fault Theory||Delhi High Court Granted Divorce Over False Allegations By Wife

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Delhi High Court, led by Justice Suresh Kumar Kait, highlights the damaging impact of baseless accusations on marital bonds. In a case involving two army officers, unfounded allegations led to the court favoring the husband’s plea for divorce.

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Delhi High Court

NEW DELHI: Last Week(on 8th March),the Delhi High Court has emphasized the profound impact of baseless allegations and criminal litigations on marital relationships, ultimately leading to the dissolution of a marriage between two army officers. The court’s decision, spearheaded by Justice Suresh Kumar Kait, sheds light on the dark corridors of matrimonial disputes, where accusations and legal battles become weapons that irreparably damage the bond between spouses.

The case in question revolved around a husband who sought liberation from his marriage, citing continuous harassment and unfounded allegations made by his wife. The couple, both serving in the army, found themselves entangled in a web of accusations, with the wife alleging dowry harassment and other forms of cruelty. However, the court observed that these allegations were not substantiated by the family’s circumstances, leading to a significant ruling in favor of the husband.

The divorce petition under Section 13(1)(ia),Hindu Marriage Act,1955-
This section allows divorce on grounds of cruelty, enabling either spouse to file a petition if mistreatment or harmful behavior by the other has occurred after marriage. This provision emphasizes legal protection and provides a remedy for those facing detrimental circumstances in their marriage.

Justice Suresh Kumar Kait, in his order, emphasized the detrimental effects of such baseless accusations, stating:

“While the aggrieved individual is entitled and fully within their rights to seek remedies under the law, the irreversible point of no return becomes unavoidable when spouses become ensnared in the intricate web of criminal litigations. Unjustified accusations and complaints act as bullets, inflicting fatal wounds that result in unbearable mental and physical strife, rendering it impractical for the spouses to continue living together.”

The bench, also comprising Justice Neena Bansal Krishna, further elaborated on the nature of the allegations, highlighting that-

“Accusing someone of dowry harassment without evidence, especially when it contradicts the family circumstances, is a form of mental cruelty.”

This statement underscores the court’s stance on the misuse of legal provisions meant to protect against genuine cases of harassment and dowry demands.

The husband’s plea painted a picture of a tumultuous marriage, marred by constant bickering, physical and financial abuse, and a significant toll on his mental peace, career, health, and financial stability. Despite these challenges, the court noted that the wife’s desire to purchase a house, seeking her husband’s support, did not constitute greed or cruelty. However, the overwhelming evidence of a failed marriage, characterized by a lack of adjustment and mutual respect, led the court to side with the husband.

The judgment also highlighted the couple’s prolonged separation since 2010, with no evidence of attempts at reconciliation. The court pointed out the severe impact of living apart on the marital bond, stating:

“The deprivation of mutual companionship within a marital union serves as compelling evidence of the unsustainability of the marriage. Such denial, wherein one spouse withholds a conjugal relationship from the other, is unequivocally regarded as an act of extreme cruelty.”

The Delhi High Court‘s decision to grant a divorce based on mental cruelty reflects a growing recognition of the invisible wounds inflicted by false accusations and legal battles in matrimonial disputes. The judgment serves as a cautionary tale, emphasizing the need for honesty, communication, and mutual respect in marriage.

author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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