To Accuse Spouse Of Infidelity Without Proof Not Only Irresponsible But Also Inherently Cruel: Delhi High Court Upholds Divorce On Ground Of Cruelty

While upholding divorce decree on the ground of cruelty, the Delhi High Court held that accusing spouse of infidelity without particulars, corroboration, or proof is not only irresponsible but also inherently cruel.

The Court held thus in an Appeal preferred by a woman against the Judgment and Decree of the Principal Judge, Family Court by which the marriage was dissolved on a Petition filed by her husband.

A Division Bench comprising Justice Anil Kshetrapal and Justice Harish Vaidyanathan Shankar observed, “What is striking is the consistency of this behaviour. The Appellant, both in her pleadings and complaints, repeatedly cast aspersions upon the Respondent’s character by alleging adulterous conduct. The cruelty lies not in whether adultery was proved, indeed it was not, but in the reckless, stigmatic, and unverified nature of the allegations. To accuse a spouse of infidelity without particulars, corroboration, or proof is not only irresponsible but also inherently cruel.”

The Bench said that upon closer scrutiny, most of the allegations were sweeping, vague, and unsubstantiated and baseless imputations of illicit relations were flung without a shred of credible proof.

Advocate Mansi Sharma represented the Appellant/Wife while Advocate Tej Pratap represented the Respondent/Husband.

Brief Facts

The marriage between the Appellant-wife and Respondent-husband was solemnized in the year 1997 in accordance with Hindu rites and ceremonies. A child was born out of the wedlock in 1998. According to the husband, the wife was quarrelsome, suspicious, and frequently involved in disputes both within the family and at her workplace, which led to estrangement from his parents and ultimately necessitated a relocation to Delhi. The wife on the other hand contended that she was subjected to continuous dowry demands, ill-treatment, and neglect. In 2012, she filed a complaint alleging that she had seen her husband in rickshaw with another woman who claimed to be pregnant with his child, constituting harassment and infidelity.

In 2013, she lodged an FIR under Sections 498A and 323 of the Indian Penal Code, 1860 (IPC), alleging that the husband had left her after taking her jewellery and was in an illicit relationship with a woman, and had assaulted her when confronted. Over the years, tensions escalated, giving rise to multiple complaints and counter-complaints between the parties. In light of these events, the husband filed a Petition for divorce on the grounds of cruelty and desertion. The Family Court dissolved the marriage on the ground of cruelty, while holding that desertion was not established. Being aggrieved, the wife approached the High Court.

Reasoning

The High Court in view of the above facts, noted, “This Court is of the considered view that physical violence of any kind, whether by a husband or wife, is wholly impermissible in a matrimonial relationship and cannot be condoned. In the present case, the material on record clearly establishes that an incident of physical altercation occurred on 21.04.2013, which became public and even led to the Respondent’s custody for a few days.”

The Court added that the record unmistakably demonstrates that the relationship between the parties deteriorated into a series of litigations and since 2012, the Appellant has initiated multiple complaints against the Respondent, resulting in protracted criminal and civil proceedings.

“The very nature of these allegations, predominantly criminal in character, and their repeated lodging over a prolonged period, particularly when the parties were not even cohabiting, cannot be dismissed as casual or ordinary”, it remarked.

The Court further observed that the Appellant did not cross examine the Respondent on the alleged materials, thereby rendering them wholly devoid of evidentiary value and such reckless and vindictive conduct not only lacked foundation but also reflected a deliberate attempt to malign the Respondent‘s reputation.

“The learned Family Court, in our view, was therefore entirely correct in concluding that these acts constituted cruelty. … The Appellant instituted a series of proceedings, including FIR No. 217/2013 under Sections 498A/323 of the IPC, which led to the Respondent‘s custody. She further alleged theft of jewellery, acid threats, and implicated his family members in other proceedings. None of these accusations stood the test of law. Yet, they caused the Respondent prolonged humiliation, harassment, and damage to his professional and social standing. The sheer seriousness of these unfounded accusations, coupled with their persistence over time, speaks volumes about the cruelty inflicted upon him”, it also said.

The Court, therefore, held that the Appellant subjected the Respondent to sustained mental agony, humiliation, and public embarrassment.

“The law is now settled beyond doubt that reckless, defamatory, humiliating, and unsubstantiated allegations by one spouse, which sully the reputation of the other, constitute extreme cruelty. The Appellant‘s repeated and baseless allegations of infidelity inflicted sustained harassment, humiliation, and mental agony on the Respondent. Marriage rests upon trust and respect. The Respondent was instead met with public humiliation and reckless allegations from his own spouse. No person can reasonably be expected to continue cohabiting under such conditions”, it reiterated.

Conclusion

The Court was of the view that the Appellant’s reckless complaints, allegations, and failure to justify her conduct conclusively establish cruelty and her case is riddled with inconsistencies and devoid of credible evidence.

“The present case is not one of mere estrangement or emotional detachment, where parties have drifted apart without reason. It is a case where the relationship has reached such levels of hostility, bitterness, and acrimony that reconciliation is wholly impossible. The allegations levelled, pursued in the public domain through multiple complaints and litigations, and sustained over several years, reflect not only an irretrievable breakdown but cumulatively establish a case of absolute cruelty”, it added.

Moreover, the Court said that the continuance of the relationship would only foist upon the parties unnecessary cruelty, further degrading the already cancerous state of affairs, and the Courts would necessarily have to take a view which would ensure that the situation giving rise to such a scenario is brought to an end.

“The making of false, reckless, and unsubstantiated allegations, coupled with the initiation of multiple vexatious litigations against the Respondent and his family members, reveals a vindictive intent on the part of the Appellant. Such conduct clearly amounts to extreme cruelty. Instead of seeking reconciliation or peaceful resolution, the Appellant has consistently chosen adversarial proceedings as a means to perpetuate hostility and acrimony, thereby destroying the very foundation of matrimonial harmony”, it concluded.

Accordingly, the High Court dismissed the Appeal and affirmed the decree of divorce.

Cause Title- ABC v. XYZ (Neutral Citation: 2025:DHC:8826-DB)

Appearance:

Appellant: Advocate Mansi Sharma

Respondent: Advocates Tej Pratap, Illashree, and Imtiyaz Hussain.

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