Delhi High Court upholds Accusations of Extramarital Relationship ‘Grave Assault’ on Spouse’s Health & Character

Father Daughter Arguing Law Insider

Khushi Doshi

Published On: March 23, 2022, at 13:04 IST

The Delhi Court Set aside the wife’s Appeal, upholding a Family Court ruling awarding divorce decree in favour of the husband, saying that claims of unchastity or extra marital connection are a significant Assault on the character and health of the spouse against whom such allegations are made.

The Court concluded that the Family Court appropriately assessed the evidence and correctly determined that the appellant wife inflicted mental cruelty on the respondent husband by making baseless claims amounting to character assassination against him and his father.

The appellant wife had challenged the Family Court’s decision dated 31.01.2019, in which the Family Court awarded a divorce order in favour of the respondent husband under Section 13 (1)(a) of the Hindu Marriage Act, 1955.

The Court found that the Appellant wife made significant charges, which were not proved throughout the trial. It was also highlighted that the wife had filed a significant complaint against the husband’s father, which ended in an Acquittal.

Also read:

Adultery under Indian Penal Code, 1860

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