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Synopsis

The Patna High Court recently observed that unfounded accusations of adultery, fornication, and prostitution not only mentally hurt a person but also tarnish his image in society which will amount to mental cruelty to grant divorce.

"...each individual's dignity/human dignity is to be valued. Privacy includes at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation. Privacy also connotes right to be left alone. Privacy safeguards individual autonomy and recognizes the ability of individual to control vital aspects of his or her life. Personal choices governing way of life are intrinsic to privacy. Privacy protects heterogeneity and recognizes plurality and diversity of our culture," emphasised the court.

"The leveling of false allegation by one spouse to the other having alleged illicit relations with different persons outside the wedlock amounted to mental cruelty," it held while dealing with an appeal against the dismissal of the husband's plea for divorce by the family court. 

The division bench comprising Justice P B Bajanthri and Justice Ramesh Chand Malviya noted that in the present case, the wife had made serious allegations of soliciting prostitution against the husband and his mother before the husband's employer which she later admitted that she had made on the instigation of her advocate and they were not true.

"Social torture by anyone of the spouses to the other, found to be as the mental torture and cruelty. Respondent harassing appellant in filing false cases of domestic violence and she has admitted certain allegations are false and such behaviour amounts to cruelty," said the bench. 

Therefore, while stressing that in the present case, the cruelty was of such type that it was impossible for spouses to live together, court held the marriage of the couple irretrievably broken down and allowed the appeal moved by the husband. 

The couple got married in 2012, had a son, and lived together until June 2015. Discord arose when the woman relocated to her in-laws' place in Bihar. Issues escalated due to her reluctance to stay in Bihar, leading to marital problems.

In 2016, the woman filed legal proceedings, including false accusations of matrimonial torture. She also alleged domestic violence. However, before the high court she admitted these were fabricated under her lawyer's influence. In response, the husband filed a divorce petition, which the family court rejected.

The high court criticized the family court for not considering the impact of criminal proceedings and complaints on the husband's image. It highlighted the wife's failure to retract allegations and her confrontational approach, despite the couple living separately since 2015.

Therefore, the high court allowed the appeal and granted the divorce to the husband, however, considering his position as Deputy Executive Engineer and the wife's responsibilities, the high court ordered interim alimony of Rs. 10,00,000 with adjustment provisions based on ongoing maintenance proceedings to the wife.

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