LI Network
Published on: January 7, 2024 at 01:15 IST
The Himachal Pradesh High Court recently upheld a divorce decree in favor of a husband, emphasizing that baseless accusations of infidelity against a spouse, even if unintentional, can be grounds for divorce.
Justices Vivek Singh Thakur and Sandeep Sharma clarified that cruelty in a marriage need not hinge on deliberate intent; the absence of intent shouldn’t negate relief for the aggrieved spouse if the act reasonably constitutes cruelty.
The Court upheld a divorce decree granted to the respondent-husband by a Family Court on grounds of cruelty. It emphasized that certain conduct, inherently wrongful or illegal, could be considered cruel without delving into its impact on the other spouse.
The case revolved around marital discord between parties married in May 2005. The husband sought divorce citing cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, which the Family Court granted in 2019. The wife appealed to the High Court, arguing that the divorce didn’t align with Himachal Pradesh’s marriage and divorce rules, and the cruelty allegations were vague. She also accused her husband of infidelity and questioned the evidence’s assessment.
The Court noted the wife’s act of accusing her husband of adultery at his workplace, causing him humiliation and mental trauma. It highlighted the lack of substantiation for her allegations.
Emphasizing that cruelty must surpass normal marital strains, the Court deemed the wife’s scandalous allegations a severe assault on the husband’s character, constituting mental cruelty as defined under Section 13(1)(i-a).
The Court concluded that accusations of infidelity and extramarital relationships amount to grave insults, constituting cruelty and warranting the husband’s claim for divorce.
Consequently, the bench upheld the divorce decree, dismissing the wife’s appeal.
