The judgment was delivered by a division bench of Justice Suresh Kuma Kait and Justice Neena Bansal Krishna, who upheld the judgment of a family court which had rejected a husband's plea for divorce on the grounds of alleged cruelty by the wife.
The court said that making baseless allegations against the spouses, especially involving character and fidelity, and further rejecting the legitimacy of the children causes severe mental anguish and causes irreparable damage to the marital bond.
The bench said that such acts represent the most serious form of humiliation and cruelty, and on these grounds the accuser is disqualified from seeking divorce.
During the proceedings, it was revealed that although the husband had repeatedly accused his wife of infidelity and inappropriate relationships with multiple men, he admitted during cross-examination that he had never seen a compromising situation.
"...it is appropriate to observe that the Appellant has consistently, persistently raised doubts about the character of the respondent and made baseless and scandalous allegations against the character of the respondent and claimed that she not only had illicit relations with a But along with many other persons,” the court said.The judges criticized the husband for persistent and outrageous allegations, which also targeted innocent children by questioning their paternity.
"These false and completely unfounded allegations by the appellant did not prevent him from denying the parental upbringing of his own son and daughter when he stated in his cross-examination that 'I have no belief that the children of my Are'," the bench remarked.
It said that such scandalous allegations and denial of marital bond and refusal to accept the children, who are innocent victims of the despicable allegations leveled by the Appellant, are nothing but mental cruelty of the gravest kind.
The Court further held that the Family Court had rightly identified the husband's allegations as a serious attack on his wife's character, honor and mental health.
The court said, “Such scandalous, unproven allegations of infidelity on the spouse and not even sparing the children, would be the worst form of humiliation and cruelty, which is enough to deprive the appellant of seeking divorce. "
The bench concluded that in fact, it was the wife who had suffered cruelty and upheld the decision to refuse divorce citing the husband's failure to prove his claims and her contribution to the marital discord.“He has made vague and general allegations regarding threats of mass suicide and implication in criminal cases,” it said. As discussed above, it is the respondent (wife) who has been subjected to cruelty and not the appellant.”
The court said that making baseless allegations against the spouses, especially involving character and fidelity, and further rejecting the legitimacy of the children causes severe mental anguish and causes irreparable damage to the marital bond.
The bench said that such acts represent the most serious form of humiliation and cruelty, and on these grounds the accuser is disqualified from seeking divorce.
During the proceedings, it was revealed that although the husband had repeatedly accused his wife of infidelity and inappropriate relationships with multiple men, he admitted during cross-examination that he had never seen a compromising situation.
"...it is appropriate to observe that the Appellant has consistently, persistently raised doubts about the character of the respondent and made baseless and scandalous allegations against the character of the respondent and claimed that she not only had illicit relations with a But along with many other persons,” the court said.The judges criticized the husband for persistent and outrageous allegations, which also targeted innocent children by questioning their paternity.
"These false and completely unfounded allegations by the appellant did not prevent him from denying the parental upbringing of his own son and daughter when he stated in his cross-examination that 'I have no belief that the children of my Are'," the bench remarked.
It said that such scandalous allegations and denial of marital bond and refusal to accept the children, who are innocent victims of the despicable allegations leveled by the Appellant, are nothing but mental cruelty of the gravest kind.
The Court further held that the Family Court had rightly identified the husband's allegations as a serious attack on his wife's character, honor and mental health.
The court said, “Such scandalous, unproven allegations of infidelity on the spouse and not even sparing the children, would be the worst form of humiliation and cruelty, which is enough to deprive the appellant of seeking divorce. "
The bench concluded that in fact, it was the wife who had suffered cruelty and upheld the decision to refuse divorce citing the husband's failure to prove his claims and her contribution to the marital discord.“He has made vague and general allegations regarding threats of mass suicide and implication in criminal cases,” it said. As discussed above, it is the respondent (wife) who has been subjected to cruelty and not the appellant.”
