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Accusations of unchastity or extra marital relationship is a grave assault and can be taken as acts of cruelty: High Court of Delhi

The marriage is solemn relation and its purity must be maintained for a healthy society. Accusations of unchastity or extra marital relationship is a grave assault on character, status, reputation as well as health of the spouse against whom such allegations were made. It causes mental pain, agony suffering and tantamount to cruelty and the same was upheld by High Court of Delhi through the learned bench led by JUSTICE DINESH KUMAR SHARMA in the case of JYOTI YADAV vs. NEERAJ YADAV [MAT.APP.(F.C.) 111/2019] on 21.03.2022.

The facts are that the parties were married as per Hindu rites and customs at Palam, Delhi. However, immediately after marriage, the relations between the couple turned sour. The divorce petition was filed by the respondent-husband on the ground of the cruelty. The Family Court after the trial, granted decree of divorce. However, the behavior of appellant allegedly, did not improve. The appellant allegedly made false allegations against the father of the respondent which later on she sought to withdraw.

The appellant–wife filed false and frivolous complaints before the Delhi Commission for Women and CAW Cell respectively for dowry harassment against the respondent and members of his family. The appellant invoked the jurisdiction of this Court under Section 19 of the Family Courts, 1984 assailing the impugned judgment order, whereby the Family Court granted a decree of divorce in favour of the respondent u/s 13 (1)(ia) of the Hindu Marriage Act, 1955.

The counsel for respondent submitted that appellant filed false and frivolous complaints before the Delhi Commission for Women and CAW Cell respectively for dowry harassment against the respondent and members of his family. It was further submitted that in order to malign the members of the family of respondent, she got it published in the newspaper. Appellant then, left the matrimonial house alongwith the household goods, and filed a false and frivolous case under Section 9 of HMA.

The counsel for appellant stated that, rather, it was the respondent who used to force her to commit suicide, for which, she had filed a complaint with the Mahila Ayog. It was further submitted that the allegations of extra marital affairs were not whimsical or imaginative, and were made with a reasonable cause. The appellant stated that though she was employed and had to attend to her office, yet she used to do all household works. The appellant stated that she wanted to continue with the matrimonial alliance, and thus she filed the petition u/s 9 of the HMA.

The court held that the appellant has failed to bring any credible material to suggest that the findings recorded by the Trial Court are incorrect. It was observed by the court that, “It has repeatedly been held that accusations of unchastity or extra marital relationship is a grave assault on character, status, reputation as well as health of the spouse against whom such allegations were made. It causes mental pain, agony suffering and tantamount to cruelty. The allegations of extra marital affairs in relationship are serious allegations, which have to be made with all seriousness.”

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Judgment reviewed by – Shristi Suman

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