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MAT APP 2 of 2018J. Deepa SharmaS. vs M.K.HMA 13A

False Infidelity Allegations by Wife Grounds for Divorce

Husband had sought divorce on ground of cruelty. The Delhi High Court has dismissed a woman's plea challenging the decision of a family court granting a divorce to her husband, saying she made a reckless allegation about him having illicit relations with his bhabhi (sister-in-law) without any proof. 'Grave cruelty' 'Such allegations about having illicit relations with bhabhi certainly fall within the category of a grave and weighty cruelty,' said a Bench of Justice Deepa Sharma and Justice Siddharth Mridul. It further stated that such 'unsubstantiated allegations' are of the nature to cause mental suffering to a person against whom such allegations are levelled.

'The appellant has not only levelled such bald allegations against her husband but also against her sister-in-law and thereby maligning her reputation as well,' the Bench said adding, 'She has in fact indulged into an act of character assassination of her husband and his bhabhi'.

The family court had granted the divorce to the man saying that he has succeeded in proving the facts that the woman was abusive, had a quarrelsome nature and threatened to commit suicide and implicate the husband and his family members in a suicide note.

The woman claimed that she was not treated with love, adding that she was abused for no reason. She further alleged that since she had objected to her husband's illicit relationship with his bhabhi, the family jointly decided to get rid of her. Also, she claimed that they had a seven-year-old son and the man cannot run away from his responsibility of a father.

The High Court did not find any illegality in the judgment of the family court dissolving the marriage. It said that the woman failed to produce any evidence. It granted the man divorce on February 23.

'We find that levelling of false allegations of illicit relations of such nature and magnitude causes mental pain, agony, and suffering to the husband,' the Bench said. 'Such allegations cause profound and lasting disruptions in the relationships and also causes deep hurt and reasonable apprehension that it would be dangerous to live with a wife, especially when she is also threatening to commit suicide'.