Unfounded allegations can constitute mental cruelty, validating divorce.

Sathish Ninan, J.

The decree for divorce granted at the instance of the husband, alleging mental cruelty, is under challenge in this appeal by the wife.

2. The marriage between the parties was solemnised on 08.02.1997. The allegation of the husband is that the wife is making false and unfounded allegation of he having an adulterous life.

3. In the counter affidavit filed by the wife, she affirmed her allegations.

4. The Family Court granted divorce on the ground of cruelty.

5. We have heard the learned counsel on either side.

Mat.Appeal No.20 of 2016

6. Though wild allegations that the petitioner is having illicit relationships were made, no attempt was made by the respondent to prove the same. The respondent even went to the extent of alleging that the petitioner is having illicit relationship with his own sister-in-law. No evidence is adduced by her to substantiate the allegations. Making such unfounded allegations by itself amounts to mental cruelty. It is sufficient enough to grant a decree of divorce. The Family Court was right in having granted a decree of divorce. There is no reason to interfere with the finding of the Family Court.

Resultantly, the appeal fails and is dismissed. No costs.

Sd/-