Himachal Pradesh High Court- While deciding the present divorce matter wherein repeated false
and frivolous allegation of adultery were made by the appellant wife against
the respondent husband, a bench of Sanjay Karol, J., held that the said
allegations were made out of vengeance and were unverified and unsubstantiated.
The Court dismissed the appeal made by wife and further held that the false
allegations of adultery made by the appellant were not unintentional and have
affected the respondent’s reputation in the society, thus amounting to cruelty.
According to the
facts, appellant got married to the respondent and two children were born out
of the wedlock. But with time incompatibility prompted the parties to live separately.
The appellant made allegations that the respondent was having illicit
relationship with his sister-in-law which were repeated in a petition filed by
the appellant under Section 125 of Code of Criminal Procedure. However, the
respondent husband claimed that the allegations which were false have caused
grave mental cruelty and the marriage has broken out irretrievably. The husband
filed for divorce on such grounds.
the Court referred to Vijaykumar
Ramchandra Bhate v. Neela Vijaykumar Bhate, (2003) 6 SCC 334 where it was
noted that conscious and deliberate statement delivered with pungency placed on
record through pleadings cannot be ignored lightly or brushed aside while
determining acts of cruelty in a petition for divorce. The Court while
upholding the decision of the Trial Court of granting divorce on account of
cruelty, observed that as there is reasonable doubt in the mind of the
respondent that it would be harmful to live with his wife any further.
Moreover, he cannot be expected to live with his wife due to the serious and
unsubstantiated allegations of adultery amounting to cruelty. [Monika Sharma v. Kuldeep Kumar Dogra, 2015 SCC OnLine HP 1856, decided on 31.07.2015]
Source: Legal news India