‘Falsely Accusing Spouse of Adultery is Cruelty’: Himachal Pradesh HC Upholds Divorce Decree

The Himachal Pradesh High Court recently observed that falsely accusing a spouse of adultery constitutes a severe form of insult and cruelty.

“Levelling disgusting accusations of indecent familiarity with a person outside wedlock and allegations of extramarital relationship constitute a grave assault on the character, honour, reputation, status of the spouse,” said the bench of Justice Vivek Singh Thakur and Justice Sandeep Sharma.

It underscored that matrimonial matters are matters of delicate human and emotional relationship and to maintain such relationship for long, there is requirement of mutual trust, regard, respect, love and affection.

It further clarified that there may be cases where the conduct complained of itself is bad enough and per se unlawful or illegal then the impact or the injurious effect on the other spouse needs not be enquired into or considered.

“In such like cases, the cruelty will be established if the conduct itself is proved or admitted. The absence of intention should not make any difference in the case, if any ordinary sense in human affairs, the act complained could otherwise be regarded as cruelty. Intention is not a necessary element in cruelty. The relief to the party cannot be denied on the ground that there has been no deliberate or willful ill-treatment,” court held.

The observations were made in an appeal moved by a wife against the judgment of the family court granting a divorce decree to the husband on the ground of cruelty by the wife.

The woman urged the high court to set aside the family court’s decision, stating it erred in passing the decree of divorce in favour of the husband on the ground that she failed to substantiate the allegations of adultery against the husband.

There could not have been any direct evidence of adulterous life of the respondent-husband, rather such fact assumes significance as the respondent-husband had admitted to have acquaintance with a lady and the onus was upon him to prove his relationship with the said lady, the wife’s counsel argued.

The high court disagreed with the counsel and stressed that material available on record vis-à-vis reasoning assigned in the impugned judgment showed that the court below had dealt with every aspect of the matter meticulously and there was no scope for interference.

The court noted that the relations between the couple became sour only when the husband advised the wife to leave her job as they had to look after their seven-month-old daughter.

“Though this court is persuaded to agree with learned counsel for the appellant wife that appellant wife being educated lady is entitled to do job and qua such fact, no objection could have ever been raised by the family members including respondent-husband, but whether government job could have been taken by the appellant at the distance of 50-60kms from the native place that too leaving her seven months daughter, is a debatable question,” the bench opined.

The court further highlighted that as per evidence on record, the wife was not respectful and courteous to the husband’s mother and prior to the filing of the divorce petition, complainants and cross complaints were lodged at different police stations by both parties.

The court pointed out that in his divorce petition, the husband had alleged that on account of allegation of adultery leveled against him, great humiliation and mental stress has been caused to him.

It held that in such a case, although the onus is upon the husband to prove such fact, but since in the present matter, the wife nowhere disputed the husband’s pleadings made in the divorce petition, rather she reiterated her allegations of adultery against the husband, onus had actually shifted upon her to prove such allegation.

Moreover, court emphasised that there was overwhelming evidence that the wife visited the office of the husband one day and levelled allegation of adultery in presence of other officials, as a result of which, the husband not only suffered humiliation but also mental trauma.

Therefore, finding that the family court’s decision was based upon proper appreciation of evidence available on record, court upheld the same and dismissed the appeal moved by the wife.