Upholding the Family Court order, Delhi High Court noted that unfounded accusations of unchastity or extra-marital relationship cause a grave assault on character, reputation and health of a spouse which causes mental pain and suffering and, therefore, amounts to cruelty.
A Division Bench of Acting Chief Justice Vipin Sanghi and Justice Dinesh Kumar Sharma dismissed the wife’s appeal challenging a Family Court order. The bench noted that accusations of extra-marital affairs are serious in nature and have to be made with all seriousness.
“It has repeatedly been held that accusations of unchastity or extra marital relationship is a grave assault on character, status, reputation as well as health of the spouse against whom such allegations were made. It causes mental pain, agony suffering and tantamount to cruelty. The allegations of extra marital affairs in relationship are serious allegations, which have to be made with all seriousness,” the division bench observed.
The High Court bench was hearing an appeal filed by the wife challenging a Family Court, South West, Dwarka dated January 31, 2019. The Family Court had allowed the respondent husband’s plea and had granted divorce under Section 13 (1)(a) of the Hindu Marriage Act.
The parties got married in 2014. Immediately after their marriage, their relationship started turning sour. They started living separately since 2016.
She filed FIR against her father-in-law in Police Station Palam Village for offences under Section 354, Section 354- A, Section 354-B and Section 354-C of the Indian Penal Code (IPC).
The wife had alleged that her husband is a habitual drinker, has an extra marital affair and has also forced her to commit suicide. She had accused her father-in-law of sexually assaulting her and other relatives of harassing her for dowry.
The family court had found that no evidence was furnished to prove her accusation of extra marital affair against her husband.
The bench noted, “In the evidence before the Trial Court, the appellant failed to bring any credible evidence to prove her allegations. It is also a matter of record now, that the police case filed by the appellant against her father-in-law i.e. the father of the respondent has also resulted in acquittal.”
“The marriage is solemn relation and its purity must be maintained for a healthy society. Thus, we see no reason to interfere with the impugned judgment and decree,” the bench noted.
