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The High Court recently ruled that a father’s denial of paternity and unfounded accusations of extramarital affairs against his wife constitute mental cruelty towards her.
A division bench of Justices Suresh Kumar Kait and Neena Bansal Krishna, referring to a Supreme Court precedent, emphasized that such allegations are a severe assault on the character, honor, and reputation of the spouse and represent the utmost cruelty.
The Court stated that these unverified claims, causing mental anguish and suffering, alone suffice to meet the redefined concept of cruelty in matrimonial law. Upholding the family court’s decision to dismiss the husband’s divorce petition, the bench affirmed that the trial judge rightfully recognized the grave impact of baseless accusations on the spouses’ mental well-being.
Labeling scandalous accusations of infidelity, especially when directed at the children, as the epitome of humiliation and cruelty, the bench concluded that the husband’s actions disqualified him from seeking divorce.
The husband contended that he met his wife in September 2004 and married her the following year, alleging that she coerced him into marriage after a drunken encounter and subsequently claimed pregnancy. He further accused her of threatening suicide and engaging in extramarital affairs, all of which the court found unsubstantiated.
The bench observed that the husband failed to support the family after leaving his job, leaving the wife to shoulder both financial and domestic burdens. Moreover, it ruled that his allegations lacked specificity and credibility, ultimately concluding that the wife, not the husband, had endured cruelty in the marriage.
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