Unfounded allegations of extra-marital affair against spouse amounts to cruelty: Delhi High Court

The Delhi High Court has held that unfounded accusations of unchastity or extra-marital relationship is a grave assault on character, reputation and health of a spouse which causes mental pain, and suffering and, therefore, amounts to cruelty [Jyoti Yadav v Neeraj Yadav]..A Division Bench of Acting Chief Justice Vipin Sanghi and Justice Dinesh Kumar Sharma held that allegations of extra-marital affairs are serious in nature and have to be made with all seriousness.“It has repeatedly been held that accusations of unchastity or extra marital relationship is a grave assault on character, status, reputation as well as health of the spouse against whom such allegations were made. It causes mental pain, agony suffering and tantamount to cruelty. The allegations of extra marital affairs in relationship are serious allegations, which have to be made with all seriousness,” the bench has said..The High Court was dealing with an appeal filed by a wife challenging the judgement of the Family Court, South West, Dwarka which granted a decree of divorce in favour of husband under Section 13(1)(ia) of the Hindu Marriage Act 1955.The family court was told that the couple had got married in June 2014 but the relations soured very soon and the wife lodged an FIR against her father-in-law at Police Station Palam Village for offences under Sections 354/354- A/354-B/354-C of the Indian Penal Code (IPC).She alleged that her husband was having extra-marital affairs, was a habitual drinker and even forced her to commit suicide. The woman accused her father-in-law of sexually assaulting her adding that the other members of family were harassing her with dowry demands..After considering the material on record, the family court noted that though allegations of extra-marital affairs were made, no document could be furnished to support the claim. The Court found no merit in the allegations of mental cruelty as alleged by the wife..The High Court was also informed that during the pendency of the appeal, the husband’s father was also acquitted in the FIR lodged against him..The bench, therefore, noted that though the wife made several serious allegations against her husband, they were not substantiated and the complaint filed against her father-in-law had also resulted in acquittal.The judges said that these two aspects can be taken as acts of cruelty by appellant (wife) upon the respondent (husband) and, therefore, there is no reason to interfere with the judgment of the Family Court.“The marriage is solemn relation and its purity must be maintained for a healthy society. Thus, we see no reason to interfere with the impugned judgment and decree," the Court said.The appeal was, therefore, dismissed..Advocate Rajeev Pratap Singh appeared for the appellant wife. The husband was represented by advocates Zubeda Begum, Sana Ansari and Ishita Mohanty..[Read Judgment]