Wife's Belated Criminal Allegations Can't Outweigh Husband's Consistent Evidence Of Cruelty: Delhi High Court

The Delhi High Court has observed that a wife's belated criminal allegations cannot detract from or outweigh the husband's consistent evidence of sustained cruelty meted out to him.A division bench comprising Justice Anil Kshetarpal and Justice Renu Bhatnagar set aside a family court order dismissing the husband's petition for dissolution of marriage on the ground of cruelty by wife. It was his case that he was subjected to cruelty by the wife claiming that— she insisted on live separately from his aged parents, demanded a new house in her name, repeated abusive references to her mother in law, refused physical relations, threatened to implicate him and his family in false criminal cases, left the matrimonial home with clothes and jewellery and thereafter refused to resume cohabitation despite overtures by him and his family.Allowing the husband's appeal, the Court observed that the husband's testimony regarding wife's repeated verbal abuses, threats of suicide, withdrawal from cohabitation and ultimate desertion remained consistent and largely unshaken in cross-examination.It added that the evidence establishes that the wife's conduct caused continuous mental stress and humiliation to the husband and his family.The Bench observed that the wife's allegations of dowry demand and of an attempted molestation by the husband's father were devoid of contemporaneous support. It noted that no complaint, FIR or protective action was initiated at any point prior to the filing of the husband's divorce petition. The Court said that the post-litigation initiation of criminal proceedings strongly indicated that the allegations were reactive, embellished or incomplete, rather than a reflection of genuine or immediate grievance. It said that the wife's belated criminal allegations cannot detract from or outweigh the husband's consistent evidence of sustained cruelty.On the wife's allegation that her father in law attempted to molest her, the Court said that even assuming that such an allegation is true, cohabitation becomes virtually impossible, “for such a foundational claim strikes at the very root of mutual trust between the families.”The Court said that once a spouse levels allegations of sexual impropriety against close relatives of the other party, the possibility of restoration of matrimonial harmony is effectively extinguished.Observing that matrimonial litigation often leaves behind deep emotional scars, the Court said:“The dissolution of marriage is not a triumph of one over the other, but a legal recognition that the relationship has reached a point of no return. Both parties are urged to maintain civility in all future interactions, particularly in the event of any pending or future proceedings concerning maintenance or other ancillary reliefs.”Title: X v. YCitation: 2025 LiveLaw (Del) 1559Click here to read order

Wife's Belated Criminal Allegations Can't Outweigh Husband's Consistent Evidence Of Cruelty: Delhi High Court

Nupur Thapliyal

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