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Synopsis

Recently, the Delhi High Court held that making scandalous accusations regarding a child's legitimacy and paternity constituted the utmost insult and cruelty against the wife. Such observations stemmed from an appeal filed by a husband seeking divorce on grounds of adultery and cruelty. 

“Such scandalous, unsubstantiated aspersions of perfidiousness attributed to the spouse and not even sparing the children, would amount to worst form of insult and cruelty, sufficient by disentitle the appellant from seeking divorce”, the bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna held. 

The further court elaborated that making repugnant accusations of infidelity and inappropriate relationships outside of marriage, along with allegations of extramarital affairs, constitutes a severe attack on the wife's character, reputation, and mental health.

A husband filed an appeal challenging the judgment passed by the Family Court, wherein his petition for divorce on grounds of cruelty was dismissed. 

The husband, represented by Advocates Juhi Arora and Saral Arora, asserted that while under the influence of alcohol, the wife engaged in physical intimacy with him. In November 2004, she informed him of a pregnancy, pressuring him into marriage, which took place on January 1, 2005, following Hindu rites. Later, she confessed the pregnancy claim was false and made to coerce him into marriage.

The husband further claimed that the wife, initially working in a government department and stationed in Bhiwani, was transferred to Delhi in 2006, obtaining government accommodation. Since then, she persuaded him to resign from his government job and engage in business in Delhi, also pressuring him to claim his share of parental property. Succumbing to this pressure, the husband resigned, but his parents denied him his share due to disapproval of the marriage.

Following the birth of their son, the husband’s parents accepted the wife, inviting them to join the family home, but she refused, demanding the transfer of property shares to her son's name before any meeting would occur. She also threatened to insult the husband’s parents if he were to meet them.

The husband asserted that the wife married him solely for property acquisition, neglecting and mistreating him. She even threatened suicide and falsely accused him and his family of dowry-related offenses.

The wife, represented by Advocate Karmanya Singh Choudhary, countered the husband’s accusations, citing incidents of physical violence, including hot oil pouring, and parental rejection of their daughter. Denial of paternity and accusations of infidelity were refuted, with the wife asserting victimhood and contesting the divorce petition's validity.

“Marriage is a relationship which flourishes when nurtured with absolute trust and compassion and a healthy relationship never demands sacrifice of one’s dignity. Inevitably, it whittles down when sprinkled with accusations on character, fidelity and chastity of the spouse and becomes beyond redemption when the devastating effects of this one-sided barrage of accusations is topped with rejection of paternity and legitimacy of the innocent children, by their own father”, the court opined. 

The court carefully reviewed the impugned ruling, observing the serious allegations leveled by the husband against his wife’s character. These accusations included denying the parentage of their children and expressing unwillingness to live with them.

Moreover, the court noted that the husband consistently cast doubt on the wife's character and made unsupported claims, alleging that she had improper relationships with various individuals, including Mr. T. However, during cross-examination, the husband admitted to never witnessing the wife in compromising situations. 

The court stressed that such accusations, which severely tarnish the character, reputation, and well-being of the accused, amount to the utmost form of cruelty. These unsubstantiated assertions cause significant mental anguish and suffering, thus meeting the redefined concept of cruelty in matrimonial law.

“Levelling of disgusting allegations of unchastity and indecent familiarity with a person outside wedlock and allegations of extra marital relationship, constitute grave assault on the character, honour, reputation, status as well as mental health of the spouse”, the court added. 

Moreover, the court highlighted that such scandalous and baseless accusations of betrayal aimed at the spouse, even involving the children, represent the most severe form of insult and cruelty. This case illustrated a situation where the husband himself was at fault and therefore ineligible to seek a divorce, the court concluded.

Additionally, the court observed that the husband failed to substantiate any of his accusations against the wife. His claims of threats to commit suicide and involvement in criminal cases lacked sufficient evidence. As previously discussed, it was the wife who endured cruelty, not the husband.

Case Title: X v Y (2024:DHC:3255-DB)