HC: Baseless allegations on wife's character amount to mental cruelty
Raipur: The Chhattisgarh High Court observed that making baseless allegations about a wife's chastity amounts to mental cruelty. It held that such conduct by the husband provides sufficient justification for the wife to live separately.
Citing the Supreme Court's ruling in Vijaykumar Ramchandra Bhate Vs. Neela Vijaykumar Bhate, the division bench of Justices Rajani Dubey and Sachin Singh Rajput dismissed an appeal filed by a husband seeking divorce on grounds of cruelty and adultery.
The appeal was filed under Section 19(1) of the Family Courts Act, 1984, challenging the judgment dated March 17, 2022, by the Family Court, Raigarh, which dismissed the husband's application under Section 13 of the Hindu Marriage Act, 1955.
The appellant alleged that his wife had an illicit relationship with his brother-in-law and claimed that she frequently left the house without informing him and spent time with the brother-in-law in his absence. He further alleged that she left the marital home with their children, assisted by him, and refused reconciliation.
However, the court noted that there was no substantial evidence to prove adultery. The husband admitted during cross-examination that he did not file any criminal complaint against his brother-in-law and provided no recordings or electronic evidence to support his claim.
by Taboola
by Taboola
Sponsored Links
Sponsored Links
Promoted Links
Promoted Links
You May Like
Neuropatia incomodando à noite? Veja o que muitos idosos estão usando para aliviar os sintomas.
A arte do herbalismo
Undo
Witnesses also failed to substantiate the alleged extramarital affair.
The court found that the respondent/wife faced harassment from her husband and in-laws, including demands for dowry and physical abuse.
"From the evidence on record, it is clear that the husband made unfounded accusations against the wife's character, including alleging a relationship with his own brother-in-law. Such allegations, even if unproven, amount to mental cruelty," the court held, reaffirming the precedent set by the apex court.
Dismissing the appeal, the High Court concluded that the wife had just and sufficient cause to live separately and that the Family Court's decision was based on a proper appreciation of evidence and the balance of probabilities. "No ground has been made out to interfere with the judgment and decree passed by the Family Court," the bench stated. Accordingly, the appeal was dismissed.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
41 minutes ago
- Time of India
Bengaluru man attacked and robbed of Rs 2 crore while attempting to convert cash into cryptocurrency
A businessman attempting to convert cash into cryptocurrency was attacked and robbed of Rs 2 crore by a seven-member gang in MS Palya near Vidyaranyapura on Wednesday evening, reported ToI. The victim has been identified as 33-year-old Harsha V, a resident of Kengeri and the owner of a brokerage firm, Aerivon Oxygen Pvt Ltd, based in Kengeri Satellite Town. According to his statement to the police, Harsha had taken a loan of Rs 2 crore to start a cold-pressed oil business and intended to purchase machinery from Germany. He decided to convert the cash into cryptocurrency and had shared his plans with his friends, Prakash Agrawal and Rakshit. Prakash and Rakshit then introduced Harsha to a man named Narayana Bharath, who further connected him to an individual named Benjamin. Harsha contacted Benjamin over the phone and requested his help in converting Rs 2 crore into cryptocurrency. Benjamin asked him to bring the cash to MS Palya Circle. Following the instructions, Harsha, along with his friends Nagendra and Shanta Kumar, arrived at the location with the Rs 2 crore around 3 PM. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Play War Thunder now for free War Thunder Play Now Undo Benjamin took them to a shop called AK Enterprises, where he and two others known to him received the cash and counted it using a money counting machine. Around 4:30 PM, a group of six to seven men stormed into the shop, brandished knives, and demanded the money. When Harsha resisted, he was attacked. The gang snatched the Rs 2 crore and his mobile phone, locked everyone inside the shop, and fled the scene. Later, Harsha, along with Benjamin and his friends, managed to open the shutter and step outside. To his shock, Benjamin and his associates also fled immediately. Harsha now suspects their involvement in the dacoity. A case has been registered at the Vidyaranyapura police station under Section 310 (dacoity) of the Bharatiya Nyaya Sanhita (BNS). Live Events
Time of India
an hour ago
- Time of India
Counterfeit currency racket busted: 3 arrested; Rs 6 lakh in fake 500 notes seized in Uttarakhand
ROORKEE: Three people were arrested on Saturday for their alleged involvement in printing counterfeit notes, and according to police, the accused were members of an inter-state fake currency racket. Efforts are now on to apprehend five more members of the gang who remain at large. During the raid, police recovered counterfeit currency worth Rs 6 lakh in Rs 500 denomination notes. The accused were reportedly using computer equipment to produce the fake notes. A printer used in the process was also seized from their possession. The three accused were Baleshwar Singh alias Bali, 40, who was living in Haripur Herbertpur in Dehradun for several years. However, he originally hailed from Paonta Sahib in Himachal Pradesh. His two accomplices were Manish Kumar, 35, a native of Laksar, and Himanshu, 26, both residing in Roorkee. Baleshwar is said to be the gang leader. To maintain a cover, he posed as a street vendor selling clothes, but for carrying out the illegal operations, the gang rented a room in Lakshmi Vihar locality in Roorkee, where they used computers to produce counterfeit notes. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Explore Home Solar Installation Careers and Training Options LocalPlan Search Now Undo Police registered a case against the accused at Civil Lines police station under sections 179 (using, selling, or trafficking counterfeit currency notes), 180 (possession of counterfeit notes) and 181 (making or possessing instruments for counterfeit notes) of the BNC. According to police, this was an eight-member inter-state gang involved in manufacturing and circulating fake currency for some time. During interrogation, the arrested individuals disclosed the identities of their five remaining associates, who are currently absconding. Those on the run are: Kapil (from Karnal in Haryana), Deepak Kumar (Krishnanagar in Hisar), Dharamvir Bangad (Ambala), Baldev (Mandi in HP), and Shubham (Rohtak). 'This was a successful joint operation by local police and the designated criminal intelligence unit. The remaining five criminals will be arrested soon,' said SSP (Haridwar) Pramendra Singh Dobal.
Time of India
an hour ago
- Time of India
Jagannath Rath Yatra stampede: Eye witnesses recall horror; ex-CM Patnaik blames 'incompetence' for deaths
Three devotees died and over 50 others were injured in a deadly stampede near the Gundicha Temple in Puri, Odisha, during the annual Rath Yatra festival on Sunday morning. The incident unfolded between 4 and 5 am as thousands of pilgrims had gathered to witness the rituals when chaos broke out, reportedly due to two ritual trucks entering a congested area. Also read: 3 dead, 50 injured in stampede near Puri's Gundicha Temple Officials identified the deceased as Premakant Mohanty (80), Basanti Sahoo (36), and Prabhati Das (42). While the situation was later brought under control, the tragedy has drawn sharp criticism over the failure in crowd management, with eyewitnesses blaming poor planning and VIP arrangements for the chaos. The state government has launched an investigation, and Odisha's Director General of Police (DGP) Y B Khurania was sent to the spot to take stock. This is the first time such a fatal incident has occurred near the Gundicha Temple during Rath Yatra. Eyewitness accounts point to chaos and mismanagement Several eyewitnesses recounted scenes of utter confusion and mismanagement. Swadhin Kumar Panda, a local resident, said, 'I was there near the temple till 23 am last night, but the management was not good. A new way was made for VIPs, and common people were asked to exit from a distance. People started exiting from the entrance itself, which increased the crowd.' by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like What Does My Family Name Mean? beenverified Sign Up Undo He added that unauthorised vehicles had entered the restricted zones near the temple, worsening the situation. 'There was no police or administration present at night… The Odisha administration is responsible for this,' he said. Another grieving man who lost his wife in the stampede said no fire, rescue, or hospital officials responded promptly. 'This is a pathetic incident that cannot be expressed,' he said. Law Minister confirms deaths, promises action Odisha Law Minister Prithiviraj Harichandan confirmed that three people died due to suffocation and six to seven were seriously injured. 'It is an unfortunate incident. We are taking note of that. I spoke with the CM this morning. We are taking stringent action,' he told ANI, adding that the DGP had been dispatched to the site. 'The situation is now under control and the people are having darshan,' Harichandan said. He stated that additional police had been deployed and an investigation was underway. 'We are trying our best to manage the crowd,' he said, assuring that he was personally monitoring the situation and would take necessary steps to avoid a repeat. Former CM Patnaik slams 'glaring incompetence' Former Odisha chief minister Naveen Patnaik issued a strongly worded statement, criticising the current administration's failure to ensure safety. 'Today's stampede, occurring just a day after the abysmal failure of crowd management during the Rath Yatra that left hundreds injured, exposes the government's glaring incompetence,' he wrote on X. He also said the initial response came not from officials but from devotees' relatives. 'While I refrain from accusing the government of criminal negligence, their blatant callousness has undeniably contributed to this tragedy,' he said, urging immediate corrective measures for upcoming rituals like Adapa Bije and Bahuda Yatra. Chariot procession overwhelmed by crowd, trucks blamed The stampede reportedly began when two trucks carrying ritual materials entered the already packed area near the chariots. Eyewitness Chinmay Patra said, 'The narrow congregation site, combined with limited police presence and scattered palmlog ladders near the chariots, created hazardous conditions for devotees.' The chariots of Lord Jagannath, Lord Balabhadra, and Goddess Subhadra had reached the Gundicha Temple on Saturday, one day after the Rath Yatra commenced. Local resident Debasis Das said that the pulling of Lord Jagannath's chariot had already faced delays due to crowd pressure. 'Sunday's tragedy was a devastating repeat,' he said. Health emergency: Hundreds fall ill, 12 in ICU On Saturday, a day before the stampede, over 750 people reportedly suffered from exhaustion and heatrelated issues due to the massive turnout. Around 230 devotees were admitted to the Infectious Disease Hospital and another 520 to the district headquarters hospital, with 12 admitted to ICU. One critically ill patient was shifted to SCB Medical College in Cuttack.
