Home » News » False Case Against Husband Causes Mental Cruelty, Therefore, A Ground For Divorce: Delhi High Court

Delhi High Court recently dissolved a marriage on the ground that the wife had filed a false criminal complaint against the husband and his family members. The court observed that it caused immense mental cruelty to the man and his family members.

A bench comprising Justice Vipin Sanghi and Justice Jasmeet Singh granted the divorce under Hindu Marriage Act. They noted that those false allegations by the woman amounted to clear and categorical character assassination of the husband, as well as his family members.

The bench added that the wife did everything to get the appellant and his family entrapped in the criminal case.

High Court bench set aside a family court order noting that the family court ignored that visiting a police station must have caused mental harassment and trauma to the husband who did not know when a case would be registered against him and he would be arrested.

The appellant (husband) had to make 30-40 visits to the police station in connection with the said complaint. A police station is not the best place for anyone to visit…it must have caused mental harassment and trauma each time he was required to visit the police station, with the Damocles Sword hanging over his head, and he not knowing when a case would be registered against him and he would be arrested,” the bench observed.

Firstly, the husband had filed a petition for restitution of conjugal rights. The couple got married in May 2008. The wife left her matrimonial house after one year of marriage. After three years of their marriage, the wife filed a complaint with the Crime Against Women cell.

In the complaint, she had accused her husband and his family members of dowry demands, abuse, physical and mental torture, and harassment, amongst other cruelties.

However, the allegations remained unsubstantiated as she could not justify them.

Thus, the court noted that the appellant (husband) was able to make out a case of being subjected to cruelty and desertion.

The High Court bench dissolved their marriage noting that the relation between the two is sufficiently beyond repair since they are living apart for the last 12 years.

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