DELHI HIGH COURT
VIPIN SANGHI, REKHA PALLI
Akash alias Anjali – Appellant
Versus
Vijay Choudhary – Respondent
| Table of Content |
|---|
| 1. grounds for divorce based on cruelty. (Para 3 , 4) |
| 2. unsubstantiated allegations causing mental cruelty. (Para 5 , 7) |
| 3. (Para 6 , 8) |
JUDGMENT
Vipin Sanghi, J. (Oral)
CM APPL. 5204/2021 & CM APPL. 5205/2021
1. Exemptions allowed, subject to all just exceptions.
2. The applications stand disposed of.
MAT.APP.(F.C.) 22/2021 & CM APPL. 5203/2021
3. The present appeal is directed against the judgment dated 17.03.2021 passed by the Principal Judge, Family Court, South East District, Saket, New Delhi in HMA No. 731/2011, whereby the learned Principal Judge has allowed the divorce petition preferred by the respondent/husband under Section 13 (1) (ia) of the HINDU MARRIAGE ACT , 1955 (`the Act' for short). Though the petition was preferred on the grounds of both cruelty and desertion on the part of the appellant, the learned Principal Judge has allowed the petition solely on the ground of cruelty.
4. Before the learned Family Court, the two primary submissions of the respondent/husband in regard to the cruelty meted out to him were; firstly, that the appellant/wife had made a false allegation against him that he was in an illicit relationship with her own Bhabhi,
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.
Unfounded allegations of extra marital affairs and character assassination amount to mental cruelty, and the tendency of making false allegations must be deprecated.
Unproven serious allegations, such as an illicit relationship, can constitute mental cruelty in matrimonial disputes. The petitioner must prove the allegations and address their impact on mental well....
The court upheld that unfounded allegations of infidelity constitute mental cruelty justifying divorce.
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.
Reckless allegations and unfounded accusations in matrimonial proceedings are considered cruelty and can justify the dissolution of marriage under family law.
Unfounded allegations can constitute mental cruelty, validating divorce.
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