Question

“Such assertions of illicit relationship made by a spouse have been held to be acts of cruelty by the Supreme Court in Vijay Kumar Ramchandra Bhate v. Neela Vijaykumar Bhate (MANU/ SC/0316/2003:(2003) 6 SCC 334). While deliberating on the accusations of unchastity and extra-marital relationships levelled by the husband, the Apex Court observed that such allegations constitute grave assault on the character, honour, reputation and health of the wife and amount to the worst form of cruelty. Such assertions made in the Written Statement or suggested in the course of cross-examination, being of a quality, which cause mental pain, agony and suffering are sufficient by itself to amount to the reformulated concept of cruelty in matrimonial law
Placing reliance on this judgement, the Supreme Court, in Nagendra v. K. Meena (MANU/ SC/1180/2016:(2016) 9 SCC 455), observed that unsubstantiated allegations of the extra-marital affair with the maid levelled by the wife against the husband, amount to cruelty. When there is a complete lack of evidence to suggest such an affair, the baseless and reckless allegations are serious actions which can be a cause for mental cruelty warranting a decree of divorce. Making such serious allegations against the respondent/husband again amounts to cruelty as has been held in Jayachandra v. Aneel Kaur (MANU/SC/1023/2004:(2005) SCCR 65) and Harminder Kaur v. Major M.S. Brar (II (1992) DMC 431).
In view of above discussion and settled position of law, we are of the considered opinion that the learned Additional District Judge in its well-reasoned judgment of 16.07.2005 has rightly concluded that the appellant/wife had treated the respondent/husband with physical and mental cruelty entitling him to divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955”. [Extract from Saroj v. Suraj Mal decided on October 31, 2023 by Delhi High Court, MANU/ DE/7461/2023]