Making False Allegations Of Dowry Harassment Or Rape Against Husband’s Family Members Is An Act Of Extremely Cruelty: Delhi High Court

The Delhi High Court has observed that making false allegations of dowry harassment or rape against the husband’s family members is an act of extreme cruelty for which there can be no condonation.

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld a family court order which held a husband as entitled to divorce from his wife on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

Dismissing wife’s appeal, the court said that the parties, who got married in 2012, were residing separately since 2014 which proved that they were unable to sustain matrimonial relationship, thereby depriving each other from mutual companionship and conjugal relationship.

“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 court said.

The bench noted that though the husband claimed that there was no consummation of marriage, however, his own pleadings reflected that the wife used to resist his endeavour for sexual intercourse and was always reluctant.

“Moreover, the respondent [husband] himself had deposed that he had asked appellant [wife] to accompany him to the doctor since they were not having a child. The learned Principal Judge has rightly referred to the respective testimony of the parties to conclude that there was no evidence to show that the marriage was not consummated but there was sufficient evidence to prove that there was reluctance on the part of the appellant who was never forthcoming for cohabitation,” the court said.

The bench also observed that for a couple to be deprived of each others company and conjugal relationship is an extreme act of cruelty, a view which has also been endorsed by the Supreme 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 said.

It also noted that the husband and his brother were acquitted in an FIR registered by the wife with rape 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,” the court said.

The bench also observed that false complaints filed by the wife against the husband constitute mental cruelty against him.

As the husband also claimed that his wife failed to discharge household duties since the day of marriage and frequently visited her parental home without informing him and his family members, the court noted that she even threatened to commit suicide and implicate him and his family members in false cases.

“Learned Principal Judge, Family Court has rightly concluded that the respondent was entitled to divorce on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955,” the bench said.

Case Title: A v. S

Citation: 2023 LiveLaw (Del) 780

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