The Delhi High Court ruled that False Accusations a spouse of infidelity without evidence and damaging their reputation amounts to mental cruelty. The judgment reaffirmed that marriage is built on trust, not baseless allegations and harassment.
NEW DELHI: The Delhi High Court has made a strong observation that making repeated false allegations of infidelity against a spouse without any proof and damaging their social reputation amounts to extreme cruelty in marriage. The Court said that marriage is based on trust and respect, and reckless allegations can destroy that very foundation.
A Division Bench of 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 Court gave these observations while dismissing the wife’s appeal and upholding the Family Court’s decision that granted divorce to the husband on the ground of cruelty. The Family Court, however, had rejected the ground of desertion.
According to the High Court, the divorce was granted because of three key reasons — first, the act of physical violence allegedly committed by the wife; second, the initiation of multiple false legal proceedings against the husband; and third, the complete breakdown of the marital relationship, making it impossible for the couple to live together.
While dismissing the appeal, the Court noted that soon after the alleged violent incident, the wife herself filed a divorce petition, calling the same act as cruelty by her husband. The Court pointed out that throughout the Family Court proceedings, the husband remained consistent in his statements and also provided evidence to support his version, which the wife never challenged during cross-examination.
The Bench observed that any act of physical violence, whether by husband or wife, cannot be tolerated in a marriage. It further emphasized that the wife’s repeated filing of baseless cases against her husband showed a clear pattern of harassment and vindictiveness.
The Court also highlighted that the wife’s conduct in making wild and unproven allegations of adultery against her husband was a deliberate attempt to damage his dignity and social standing.
“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,” the Court stated.
Adding to this, the Bench clarified an important legal position regarding “irretrievable breakdown of marriage.” It said:
“While agreeing with the contention that ―irretrievable breakdown of a marriage‖ is not a ground on which either the High Court or 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.”
In simple words, the Court explained that while “irretrievable breakdown” is not an independent legal ground for divorce, if the facts show continuous cruelty and that staying together would only worsen the situation, the courts are duty-bound to end such a painful relationship.
Thus, the Delhi High Court upheld the divorce granted to the husband, holding that baseless allegations, humiliation, and harassment by a spouse amount to mental cruelty and justify the dissolution of marriage.
Explanatory Legal Table
| Law / Section | Statute Name | Purpose / Explanation | Court’s Observation / Context in This Case |
|---|---|---|---|
| Section 13(1)(ia) | Hindu Marriage Act, 1955 | Divorce on ground of cruelty (mental or physical). | Wife’s repeated false accusations of adultery, physical violence, and harassment through litigation were held to amount to mental cruelty. |
| Section 19 | Family Courts Act, 1984 | Provides right to appeal from Family Court’s decision. | The wife filed an appeal under this section against the Family Court’s decree of divorce. |
| Cruelty – Judicial Definition | Derived from precedents like Samar Ghosh v. Jaya Ghosh (2007) 4 SCC 511 | Cruelty includes mental pain, humiliation, false allegations, and public defamation that make cohabitation intolerable. | Court reaffirmed that false allegations of adultery and reckless litigation destroy trust and dignity, thus amounting to cruelty. |
| Irretrievable Breakdown of Marriage | Not a statutory ground (though recognised in various SC cases) | Refers to situations where marriage is emotionally dead beyond repair. | Court clarified that though not a standalone ground, once cruelty is established and further continuation is futile, divorce can be granted. |
| Section 23(1)(a) | Hindu Marriage Act, 1955 | Bars relief to a spouse taking advantage of his/her own wrong. | Court held husband’s conduct clean; wife’s repeated false charges disqualified her from claiming marital protection. |
| Physical Violence | General matrimonial misconduct under Section 13(1)(ia) | Acts of physical assault by either spouse constitute cruelty. | The husband proved incidents of physical violence; wife did not rebut them in cross-examination. |
| Multiple Frivolous Complaints | Considered harassment under matrimonial jurisprudence | Filing baseless or vindictive proceedings amounts to mental cruelty. | Court noted wife’s consistent pattern of aggressive, unfounded litigation against husband. |
Case Summary
- Case Title: Ms. Anupama Sharma v. Shri Sanjay Sharma
- Court: High Court of Delhi at New Delhi
- Case Number: MAT.APP.(F.C.) 142/2022
- Date of Judgment: 6 August 2024
- Coram / Bench: Hon’ble Mr. Justice Anil Kshetarpal and Hon’ble Mr. Justice Harish Vaidyanathan Shankar
- Judgment Type: Appeal under Section 19 of the Family Courts Act
- Appellant (Wife): Ms. Anupama Sharma
- Respondent (Husband): Shri Sanjay Sharma
- Counsel for Appellant: Ms. Neha Sharma, Advocate
- Counsel for Respondent: Mr. Ashok Kumar, Advocate
- Citation / Neutral Citation: 2024:DHC:6252-DB
- Grounds Discussed: Cruelty, False Allegations, Physical Violence, Harassment through Litigation, Breakdown of Marriage
- Outcome: Appeal Dismissed – Divorce Decree in Husband’s Favour Upheld
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