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VIPIN SANGHI, DINESH KUMAR SHARMA
Jyoti Yadav – Appellant
Versus
Neeraj Yadav – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. - The appellant has invoked the jurisdiction of this Court under Section 19 of the Family Courts, 1984 assailing the impugned judgment order dated 31.01.2019, whereby the Family Court, Southr West, Dwarka granted a decree of divorce in favour of the respondent/husband under Section 13 (1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred as HMA).
2. Briefly stated, the facts are that the parties were married as per Hindu rites and customs at Palam, Delhi on 29.06.2014. However, immediately after marriage, the relations between the couple turned sour. The appellant/wife lodged an FIR bearing No. 306/2016 under Section 354/354- A/354-B/354-C IPC, PS Palam Village against her father-in-law. The divorce petition was filed by the respondent/husband on the ground of the cruelty on 08.03.2017. The Family Court after the trial, granted decree of divorce.
3. The Family Courts in the impugned judgment, noted that after around one year of marriage, the parties shifted to a rented accommodation in Saidalazab, Saket, New Delhi. The appellant - wife was working as a Social Science Teacher with the Delhi Government and the respondent - husband was employed as
Unfounded allegations of extra marital affairs and character assassination amount to mental cruelty, and the tendency of making false allegations must be deprecated.
The impact of false and defamatory allegations on the reputation and mental well-being of the spouse and family members constitutes cruelty under the Hindu Marriage Act, 1955.
The main legal point established is that prolonged separation, false accusations, and reluctance for sexual relations can constitute cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
Unfounded allegations made by a spouse that cause emotional distress can be grounds for divorce under the Hindu Marriage Act, as they constitute mental cruelty.
False criminal complaints by a spouse constitute cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, justifying divorce.
Unfounded allegations and complaints affecting the job of a spouse amount to mental cruelty, justifying divorce on the ground of cruelty.
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