Delhi High Court: Making false accusations of dowry harassment or rape against a husband or other family members falls under the category of extreme cruelty, the High Court ruled while hearing a case. There is no need to apologise for this. This is a good reason to get a divorce as well. The order of the Family Court allowing a husband to divorce his wife on the grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, was affirmed by a bench of Justice Suresh Kumar Kait and Justice Nina Bansal Krishna, who noted that permission had been granted.
Long-Term Separation and Its Role in Defining Marital Cruelty
The bench denied the wife’s appeal, noting that they had been living apart since 2014 after getting married in 2012 and having a child together in 2013. This demonstrates that they were unable to keep up their marital ties. As a result, they were deprived of each other’s support and marital bond. A prime example of serious emotional cruelty is this kind of separation that lasted for over nine years. The wife was always unwilling to engage in sexual activity with the husband notwithstanding his claims that the marriage had not been completed, as evidenced by his own filings. In addition, the husband claimed in court that he had urged the wife to visit the doctor with him because no kid was being conceived. The height of cruelty is depriving a couple of their companionship and marital partnership. The Supreme Court has also agreed with this viewpoint. It is unnecessary to emphasise that cohabitation and a marital relationship are the cornerstones of any marriage.
The Impact of Separation, False Accusations, and Neglect on Marital Cruelty
Being separated from one another shows that a marriage cannot endure. Furthermore, denying someone access to marital intimacy is a very cruel act. The bench further noted that the brother and spouse had been exonerated of the wife’s accusations of rape. The judgement ruled that it cannot be denied that making false accusations of rape and substantial dowry harassment against the husband’s family members constitutes an act of extreme cruelty. There is no excuse for this. False accusations made by the wife against her husband are treated as mental abuse. The wife, according to the husband, has neglected household responsibilities ever since they were married and has frequently visited her parents without telling him or the other family members. Additionally, he had made suicide threats and falsely accused him and his family members. Due to this, the Family Court correctly determined that the respondent is eligible for a divorce on the basis of cruelty under Section 13(1)(IA) of the Hindu Marriage Act, 1955.
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