Unfounded Allegations of Premarital Relations And Abortion Not Sufficient For Divorce: Andhra Pradesh High Court

In a groundbreaking decision, the Andhra Pradesh High Court has established a significant legal precedent by ruling that unfounded allegations of premarital relations and abortion are not sufficient grounds for divorce. This landmark judgment was delivered in a divorce case that involved allegations of cruelty and desertion brought by the appellant (husband) and a counterclaim for restitution of conjugal rights by the respondent (wife).

The court's pivotal observation reads, "Allegations of cruelty stemming from the wife's purported confession of premarital relations and abortion—Burden of proof rests with the appellant to substantiate cruelty—Failure to provide substantial evidence of the alleged confession or abortion—Absence of corroborating evidence for the appellant's claims."

At the heart of the case were the appellant's allegations that his wife had admitted to engaging in premarital relations and undergoing an abortion before their marriage. He sought a divorce on the grounds of cruelty, citing these allegations. However, the court determined that the appellant had not been able to validate these claims with concrete evidence or independent corroboration.

The judgment also underscored the wife's willingness to reconcile and rejoin her husband, underscoring her commitment to the marriage. Additionally, the court noted that the appellant had abandoned the respondent without reasonable cause, further strengthening her case for a decree of restitution of conjugal rights.

This verdict emphasizes the importance of providing substantial proof and corroborating evidence in divorce cases predicated on allegations of cruelty. As demonstrated in this instance, unfounded accusations do not meet the threshold for divorce under Indian law.

The judgment cited specific legal provisions within the Hindu Marriage Act, including Section 12 (null and void marriages) and Section 13(1)(ia) (grounds for divorce). It also referenced Section 9 of the Hindu Marriage Act, which deals with the restitution of conjugal rights.

Date of Decision: 19 September 2023

BODDU JAYA KRISHNA vs BODDU NAGA PRAVEENA