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Time of India
19 hours ago
- Time of India
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.
Time of India
a day ago
- Time of India
Baseless adultery charge is cruelty: Chhattisgarh HC; backs wife's right to live separately; junks husband's divorce plea
The court dismissed a husband's appeal for divorce, citing a lack of evidence for adultery and noting the wife's harassment, including dowry demands and physical abuse. RAIPUR: The Chhattisgarh High Court has observed that making baseless allegations on a wife's chastity amounts to mental cruelty, holding 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 had 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 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 had not filed any criminal complaint against his brother-in-law and provided no recordings or electronic evidence to support his claim. Witnesses also failed to substantiate the alleged extramarital affair. The Court found that the respondent/wife had, in fact, faced harassment from her husband and in-laws, including demands for dowry and physical abuse. Her willingness to continue the marriage, despite these circumstances, further reinforced her credibility. '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.
