False Allegations Of Dowry Harassment Or Rape Against Husband’s Family Is Extreme Act Of Cruelty: Delhi High Court
The Delhi High Court dismissed an appeal that had been filed on behalf of the wife (appellant) against the judgment Family Court which had allowed the husband's petition for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, on the grounds of cruelty, thus dissolving the marriage.
A Division Bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld the Family Court’s decision of entitling respondent to divorce on the ground of mental cruelty observing that, “Such separation of almost 9 years is an instance of utmost mental cruelty, asking for immediate severance of matrimonial relationship on the ground of cruelty u/S 13(1)(ia) of the Act. “
The parties got married in 2012 and the appellant left the matrimonial home in 2014 and had been living separately since then.
Advocate Pradeep Kumar appeared for the Appellant.
The husband, in his divorce petition, had alleged various acts of cruelty by the appellant, including locking him inside a room on the first night of marriage and refusing to establish sexual relations, refusing to do household work and picking fights in the evening, frequent visits to her parental home without informing the husband's family, threatening suicide and falsely implicating the husband and his family in cases, including a false rape case and physically abusing the husband and making threats to poison him and his family.
In response, the appellant alleged that she was subjected to cruelty by the husband's family due to insufficient dowry and made counter-allegations.
The Family Court had found that the husband's allegations of cruelty were substantiated, particularly regarding the denial of sexual relations, and granted the divorce based on cruelty.
The Court considered the evidence and arguments presented and concluded that the Family Court's decision was valid. It noted that the denial of sexual relations, false complaints, and prolonged separation constituted cruelty.
“For a couple to be deprived of each others company and conjugal relationship is an extreme act of cruelty as has also been endorsed by the Apex Court. It needs no reiteration that the bed rock of any matrimonial relationship is cohabitation and conjugal relationship. For a couple to be deprived of each other’s company, proves that the marriage cannot survive, and such deprivation of conjugal relationship is an act of extreme cruelty.”
The Court further noted that the FIR filed by the appellant against the respondent’s brother alleging rape also resulted in acquittal vide judgment of the ASJ which exonerated the respondent and his brother of all the allegations.
“ It cannot be overlooked that making serious allegations of not only dowry harassment but of rape against the family members of the respondent which are found to be false, is an act of extreme cruelty for which there can be no condonation.”
Therefore, the appeal was dismissed, affirming the divorce granted by the Family Court.
Cause Title: Anju v. Sandeep, [2023:DHC:6308-DB]
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