Wife Making False Allegations Against Husband, Constant Threat Regarding Being Summoned By Police Are Acts Of Cruelty: Delhi High Court

The Delhi High Court has observed that a wife’s conduct of making false allegations against the husband and his family members and a constant threat to them regarding being summoned to the police station are acts of cruelty which severely impact mental balance.

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna allowed a husband’s appeal against a family court order dismissing his petition seeking divorce on the ground of cruelty and desertion by the wife.

While dissolving their marriage, the bench said that the wife had done everything to get the husband and his family entrapped in the criminal case.

“A Police Station is not the best of places for anyone to visit. It is a source of mental harassment and trauma each time he was required to visit the Police Station, like the “Damocles Sword” hanging over his head, not knowing when a case would be registered against him and he would be arrested,” the court said.

It further noted that the wife, who alleged that her father-in-law attempted to commit rape upon her, did not file any case against him and that the “scandalous allegations” were not taken to a logical conclusion and were dropped midway.

“The allegations, on the face, appear to be false as there were multiple rounds of parties going to the Police Station but this incident never found any mention,” the court observed.

Furthermore, the bench said that the wife could not justify not returning to the matrimonial home and that her refusal to cohabitate with the husband was sufficient to establish desertion by her.

Observing that a law of divorce based mainly on fault is inadequate to deal with a broken marriage, the court said,

“We have been principally impressed by the consideration that once the marriage has broken down beyond repair, it would be unrealistic for the law not to take notice of the fact, and it would be harmful to society and injurious to the interests of the parties. Where there has been a long period continuous separation, it may be fairly surmised that the matrimonial bond is beyond repair.”

The court further observed that in such cases, the marriage becomes a fiction, though supported by a legal tie, and that by refusing to sever that tie, the law does not serve the sanctity of marriage. On the contrary, it shows scant regard for the feelings and emotions of the parties, the court said.

The bench concluded that the parties were living separately for 17 years and thus, there was no chance of reconciliation between them.

“…such long separation peppered which false allegations, Police reports and criminal trial has become a source of mental cruelty and any insistence to continue this relationship would only be inflicting further cruelty upon both the parties,” the court said.

Case Title: KSG v. P

Citation: 2023 LiveLaw (Del) 737

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