Ankit Patel (businessman) 14 October 2015

False allegation of affair amount to cru

Dear sir,
i filed divorce case on the basis of cruelty like quarrel, fight, not willing for child. my wife also filled that my husband leaving her for money demand and in affivadivat she didnt mantioned that i am leaving for marrying another girl.

During my cross examination she couldunot produce any proof & prove that i demanded any money. so they showed one of my college collegue simple photo and said u want to marry her thats y ur leaving her. its completly false allegaltion. my friend got married before my applying divorce case.

my q is does this allegation amount to cruelty for divorce case also?

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T. Kalaiselvan, Advocate (Advocate) 19 October 2015

Yes such false allegations suspecting your character may also amount to cruelty.Cruelty should be of the type which will satisfy the conscience of the Court that the relationship between the parties had deteriorated to such an extent that it has become impossible for them to live together without mental agony, torture or distress. It may not be possible for the courts to define mental cruelty exhaustively can broadly be defined as that conduct which inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other. In other words, mental cruelty must be of such a nature that the parties cannot reasonably be expected to live together. A conscious and delibe statement levelled with pungency and that too placed on record, through the written statement, cannot be so lightly ignored or brushed aside. It is a strong ground for cruelty.