Repeatedly Accusing Spouse Of Infidelity Without Proof, Damaging Reputation Amounts To Cruelty: Delhi High Court
The Delhi High Court has observed that repeatedly accusing a spouse of infidelity without proof and damaging the individual's reputation, coupled with harassment, is extreme form of cruelty. Underscoring that marriage rests upon trust and respect, a division bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar said:“The cruelty lies not in whether adultery...
The Delhi High Court has observed that repeatedly accusing a spouse of infidelity without proof and damaging the individual's reputation, coupled with harassment, is extreme form of cruelty.
Underscoring that marriage rests upon trust and respect, a division bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar said:
“The cruelty lies not in whether adultery was proved, indeed it was not, but in the reckless, stigmatic, and unverified nature of the allegations. To accuse a spouse of infidelity without particulars, corroboration, or proof is not only irresponsible but also inherently cruel.”
The Bench made the observations while dismissing a wife's appeal and upholding a family court order granting divorce in favour of the husband on the grounds of cruelty by her. However, the family court had rejected his ground of desertion.
The divorce was granted on three grounds- one, the act of physical violence allegedly committed by the wife; two, initiation of multiple proceedings against the husband without substantive foundation and three, breakdown of the marital relationship to such an extent that cohabitation was no longer viable.
Dismissing the appeal, the Court noted that within a few days of the said incident, the wife instituted the divorce petition against the husband, specifically citing this occurrence as an act of cruelty.
It said that throughout the proceedings before the Family Court, the husband remained consistent in his narration of events and adduced supporting evidence, which was never challenged or tested by the wife during cross-examination.
The Court said that physical violence of any kind, whether by a husband or wife, is wholly impermissible in a matrimonial relationship and cannot be condoned.
It added that it was not a case of isolated disputes but of a consistent pattern of aggressive litigation directed against the husband.
Further, the Court said that reckless and vindictive conduct of the wife of making sweeping, vague, and unsubstantiated allegations of adultery against the husband not only lacked foundation but also reflected a deliberate attempt to malign his reputation.
“The Respondent (husband) 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,” it said.
“While agreeing with the contention that ―irretrievable breakdown of a marriage‖ is not a ground on which either the High Court of the learned Trial Court can grant a divorce, we would like to clarify that in the present matter, upon an appraisal of the relevant facts and circumstances which clearly establishes cruelty as also the fact that continuance of the relationship would only foist upon the parties unnecessary cruelty, further degrading the already cancerous state of affairs, the Courts would necessarily have to take a view which would ensure that the situation giving rise to such a scenario is brought to an end,” it added.
Title: A v. B