Wife Making Unsubstantiated Allegations, Waging Legal War Against Husband And His Family Members Is Extreme Cruelty: Delhi High Court
Case: SHIV NATH THAKUR Vs. NUTAN THAKUR
Coram: Justice Suresh Kumar Kait and Justice Neena Bansal Krishna
Case No.: CM APPLs. 134/2021
Court Observation: “Making of such serious and unsubstantiated allegations and waging a legal war against the husband by implicating him and his family members, clearly show the vindictive nature of the respondent and amounts to extreme cruelty towards the appellant/ husband,”
“However, as per the record, though serious allegations of her brother-in-law having illicit relationship with her have been levelled on several occasions, she has blatantly failed to prove any of her allegations,”
“The aforementioned complaints and litigations clearly indicate that the respondent had made scandalous allegations of illicit involvement of the appellant with a third woman. She had also alleged her sexual exploitation by the brother of the appellant. Besides this she had also made allegations of dowry harassment. However, none of these allegations could be substantiated by her by any cogent evidence.”
“Though filing of a criminal complaint per-se cannot amount to cruelty, however, such grave and indecent allegations of cruelty should be substantiated during the divorce proceedings and in the present case, the respondent has neither substantiated her allegations nor justified her conduct,”
“We hereby set aside the judgment dated 10.02.2020 and grant divorce on the ground of cruelty under Section 13(1)(ia) of the Act, 1955,”
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Keywords
Wife Making Unsubstantiated Allegations, Extreme Cruelty, Delhi High Court
