November 24, 2016 6:15:42 pm
Allegation of adultery levelled by a spouse is most “painful” for a person, the Delhi High Court has observed while granting divorce to a man who was accused by his wife of having illicit relationship with another woman. A bench of Justices Pradeep Nandrajog and Yogesh Khanna said that allegation of adultery was a “serious charge” and would constitute cruelty, if not proved. The court held it was established that the woman had levelled false allegation of adultery and harassment for dowry against her husband.
“Nothing can be more painful to a spouse other than the allegations of adultery made by the opposite spouse. It is settled law that a charge of adultery is a serious charge and if not proved would constitute cruelty,” the bench said. The court’s judgement came on a petition filed by the man who had moved the high court against the trial court’s verdict dismissing his plea seeking divorce.
In its verdict, the high court also noted that no one has appeared before it on behalf of the woman. It granted divorce to the man on the grounds of cruelty and desertion, observing that the couple have not lived together since 1995 and their marriage has “irrevocably broken”.
The marriage between them was solemnised in February 1995. In 1996, the man had filed a petition before a trial court seeking divorce on the ground of cruelty, but he withdrew it in 2001 after his wife gave the assurance that she would live amicably with him. He told the high court that his wife had returned to her parental house in 1995 and despite giving assurance, she never returned to live with him after which he filed a fresh divorce petition before the trial court in 2009.
The woman had contested the plea before the trial court and in her written statement, she had alleged that her husband was having an illicit relationship with another woman. She had also claimed that her husband was harassing her for dowry after which she had lodged an FIR against him.
However, the man was acquitted by a court in the dowry harassment case. The trial court had dismissed the divorce plea filed by the man on the ground that he had failed to prove allegations levelled by him against her wife. The high court noted that “withdrawal from the consortium without a cause would also be an act of cruelty”.
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