Baseless Allegations Of Husband's Affair, Attempt To Kill Child Amount To Mental Cruelty: Calcutta High Court Grants Divorce

The Calcutta High Court has held that reckless and unsubstantiated allegations made by a spouse against the other in pleadings, including accusations of illicit affairs and serious criminal acts without supporting evidence, amount to mental cruelty and can justify dissolution of marriage.A Division Bench of Justice Sabyasachi Bhattacharyya and Justice Supratim Bhattacharya made the observation while allowing an appeal filed by the husband and setting aside the trial court's decision, which had dismissed his divorce petition.The husband had sought divorce on the ground of mental cruelty. However, the Additional District Judge at Khatra, Bankura, had dismissed the matrimonial suit, holding that the husband failed to substantiate his allegations of cruelty by the wife. Challenging the decision, the husband argued before the High Court that the trial court failed to consider the serious allegations made by the wife in her written statement which were not supported by evidence.In her written statement, the wife had alleged that the husband's family attempted to kill their second daughter after her birth and that the husband had an illicit relationship with another woman. She also claimed that the husband circulated her mobile number to others and instigated them to make immoral proposals to her. Based on these allegations, she had lodged a criminal complaint under Sections 498A and 307 of the IPC along with provisions of the Dowry Prohibition Act.Examining the evidence, the High Court found that the wife failed to substantiate these allegations. The Court noted a major contradiction in her testimony: while she alleged that her in-laws tried to kill the child on February 15, 2019, she admitted during cross-examination that she had not returned to her matrimonial home after December 15, 2018. This admission directly undermined the allegation regarding the alleged attempt on the child's life.The Bench further observed that no independent evidence was produced to prove the alleged illicit relationship of the husband. There was also no documentary or oral evidence, including call records or witness testimony, to support the claim that the husband had circulated the wife's phone number to third parties. Even the testimony of the wife's mother contradicted the wife's own version regarding the timeline of events.Relying on the Supreme Court decisions in Vijaykumar Ramchandra Bhate v. Neela Vijaykumar Bhate and K. Srinivas Rao v. D.A. Deepa, the Court reiterated that making reckless, defamatory or indecent allegations against a spouse in pleadings and filing unsubstantiated complaints can amount to mental cruelty.The Bench observed that such allegations could cause severe mental agony and social stigma to the spouse and their family. It also noted that the husband was employed in the Central Industrial Security Force (CISF), a disciplined force, and such accusations could potentially affect his professional career.The Court also took note of the fact that the parties had been living separately since December 2018 and neither side expressed willingness to resume matrimonial life. Referring to the Supreme Court decision in Rakesh Raman v. Kavita, the Bench observed that a marital relationship which has become bitter and acrimonious over time results in cruelty to both parties.Accordingly, the High Court held that the trial court erred in failing to consider the impact of the wife's unsubstantiated allegations and allowed the appeal. The judgment and decree of the trial court were set aside and the marriage between the parties was dissolved by a decree of divorce. Case: Pintu Mahata Vs. Swarnalata MahataCase No: F.A.T. No. 443 of 2023Click here to read order

Baseless Allegations Of Husband's Affair, Attempt To Kill Child Amount To Mental Cruelty: Calcutta High Court Grants Divorce

Srinjoy Das

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