Unsubstantiated accusations of extra marital relationship grave assault on spouse’s character, reputation & health; tantamount to cruelty: Delhi HC

Read Judgment: Jyoti Yadav V. Neeraj Yadav 

LE Correspondent

New Delhi, March 24, 2022: Unsubstantiated accusations of unchastity or extra marital relationship are a grave assault on the character, status, reputation as well as health of the spouse against whom such allegations are made, and cause mental pain, agony, suffering and tantamount to cruelty, the Delhi High Court has held while affirming a divorce decree.

The HC made the observations after finding out that in the case in question, the wife made such serious allegations against the husband which were not substantiated during the trial and that the wife also filed a serious complaint alleging sexual harassment against her father-in-law which also resulted in his acquittal. 

A Division Bench of Acting Chief Justice Vipin Sanghi and Justice Dinesh Kumar Sharma observed that allegations of extra marital affairs in relationship are serious and the tendency of making false allegations has to be deprecated by the Courts.

The facts of the case are the parties were married as per Hindu rites and customs at Delhi. However, immediately after marriage, the relations between the couple turned sour and Jyoti Yadav (Appellant/wife) lodged an FIR u/s 354/354-A/354-B/354-C IPC against her father-in-law. Later, the divorce petition was filed by Neeraj Yadav (respondent/husband) on the ground of the cruelty on grounds of the life-style, attitude and strange behavior of his wife towards his parents. 

The husband with a hope to see some improvement in their relation, shifted to an independent rented house. However, the behavior of wife allegedly did not improve. The wife allegedly made false allegations against the father of the respondent/ husband which, later on, she sought to withdraw and sought pardon. Later, the wife filed “false and frivolous” complaints before the Delhi Commission for Women and CAW Cell for dowry harassment against the husband and members of his family which were closed after investigations. 

After the Trial Court recorded an acquittal, the wife in order to malign the members of the family of husband got it published in the newspaper and left the matrimonial house along with the household goods, and filed a false and frivolous case u/s 9 of the Hindu Marriage Act in the Court of ADJ, Rajasthan. The Family Court after the trial, granted decree of divorce, and noted that though the appellant had alleged extra marital affairs of her husband she failed to place any document or material in support of her allegations. The Family Court inter alia observed that the allegations made by the appellant regarding extra marital affairs, were unfounded and had resulted in causing mental cruelty upon the respondent. 

After considering the submissions, the High Court found that the parties are in litigation since 2016, and are residing separately for the last around 6 years and the Family Court Judge has correctly appreciated the evidence on the record and has found that the allegations of extra marital affairs made by the appellant/wife against the respondent /husband were unfounded. 

The HC added that in the evidence before the Trial Court, the appellant failed to bring any credible evidence to prove her allegations and 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. 

Speaking for the Bench, Justice Sharma noted that the malintent of the appellant is also evident from her admission of publicising her allegations against her father-in-law, and his reputation would have been tarnished by such irresponsible conduct of the appellant.

Observing that marriage is a solemn relation and its purity must be maintained for a healthy society, the High Court refused to interfere with the decree for divorce.