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The Delhi High Court held that making unfounded accusations of engaging in illicit relationships constitutes the most severe form of cruelty, leading to the separation of spouses and undermining the very essence of marital unity.

The Bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna observed, “the sacrosanct bond of marriage is based upon faith and trust and so, raising false allegation of illicit relationship, is ultimate kind of cruelty, which drives the spouses apart and shakes the foundation of marriage”. 

An appeal was filed by the Wife (wife) challenging the judgment and decree passed by the Family Court, that granted the Husband’s (Husband) petition for dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (HMA). 

Advocate Jivesh Kr. Tiwari representing the Husband alleged marital discord and neglect of household responsibilities by the Wife, among other claims. Whereas, Advocate Kunal Kishore appearing for the Wife contended that the divorce petition was retaliatory to her Domestic Violence Petition against the Husband and denied allegations of cruelty leveled against her.

The Court examined whether the Family Court was justified in granting the divorce on the grounds of cruelty. Referring to the Supreme Court Judgment in the case of Samar Ghosh v Jaya Ghosh [(2007) 4 SCC 511] and reiterated the need to consider evolving cultural and societal norms when adjudicating such cases. Although the Wife asserted that the Husband married her primarily for her green card in London, the Court observed that marital conflicts were present from the outset. Furthermore, while financial difficulties were encountered by the Husband, the Wife predominantly resided with her mother in the UK. The Husband levied accusations against the Wife, including suspicions, staying out late, drinking, and gambling. Despite the Wife's allegations regarding the Husband's involvement in extramarital affairs, she did not substantiate these claims during her testimony but acknowledged hiring a private investigator to look into the matter.

The Bench referenced the case of Ravi Kumar v Julmidevi [(2010) 4 SCC 476], affirming that baseless accusations against the husband and family amounts to cruelty. Despite the Wife withdrawing a complaint under the Domestic Violence Act in Mumbai and receiving a settlement, she pursued legal action, indicating an intent to harass. Despite receiving a settlement, she continued legal action, challenging her father's will and contesting the timeline of their separation. The Court noted that the actions of the Wife were indicative of a lack of goodwill and refusal to reconcile.

Accordingly, the Court dismissed the appeal and upheld the impugned judgment.

Case Title: X v Y (2024:DHC:2031-DB)