Allegations of Illicit Relationship in Divorce Petition Not Sufficient for Mental Cruelty: Delhi High Court

In a significant legal decision, the High Court has ruled that mere allegations of an illicit relationship made in a divorce petition are not automatically indicative of mental cruelty. The ruling came in response to a divorce appeal filed by a husband seeking dissolution of his marriage on grounds of mental cruelty due to allegations of an illicit relationship made by his wife. The court emphasized that such allegations need to be proven false or motivated to qualify as cruelty.

Quoting from the judgment, the court noted, “Mere fact that she is not able to prove the same would not necessarily mean that the allegation was per se false or actuated by any malice or ill-will, unless held so by the Court.” The court reiterated that unproven charges in a written statement do not necessarily constitute cruelty. “A fact which was not proved does not necessarily mean that it was false one,” the judgment stated.

The ruling further emphasized that the burden of proof rests with the petitioner seeking divorce on grounds of mental cruelty. The court highlighted that the petitioner should have shown that the allegations were false, rather than shifting the burden to the respondent.

The court’s decision also pointed out that the husband had failed to mention in his affidavit any mental trauma caused by the allegations made in the written statement. “His affidavit (Ex. PW1/A) is conspicuously silent on the said crucial score,” the judgment noted. The court highlighted that the husband’s failure to include such claims in his affidavit undermined his plea for mental cruelty.

The judgment referred to various precedents that underlined the need to differentiate between unproved allegations and cruelty. The court remarked, “A decree of divorce cannot follow merely on the ground of delay in disposal of divorce proceedings.” It emphasized that the court should assess each case individually and consider the evidence presented before making a determination of mental cruelty.

High Court set aside the Family Court’s judgment and dismissed the husband’s petition seeking divorce on grounds of mental cruelty. This ruling sheds light on the need for well-substantiated evidence of mental cruelty in divorce cases, rather than relying solely on allegations made in the written statements.

D.D- 8.08.2023

KAMLESH SHARMA vs  YOGENDER KUMAR SHARMA