Levelling disgusting accusations of extra-marital relationship amounts to grave assault on character on one spouse
The position of law is well settled that levelling disgusting
accusations of extra-marital relationship amounts to grave assault on the
character, honour, reputation, status as well as the health of a person. Such
worst form of cruelty,
aspersions which are unsubstantiated constitute
sufficient by itself to constitute cruelty in law. The appellant wife has not
even made an attempt to substantiate the allegations made in Exhibit – 27.
In addition to the letter at Exhibit 27, the evidence adduced by the
respondent husband clearly shows disaffection and refusal of the appellant
wife to cohabit with the respondent husband. The instances narrated by the
respondent husband in his evidence is consistent and clearly shows that the
hostile attitude and persistent non cooperation of the appellant wife had
made life impossible for him, as a result of which he was constrained to
leave his own house and find an alternate accommodation. The appellant in
a letter (Exhibit 50) addressed to the Deputy Commissioner of Police,
Bhandup Police Station has devoted one entire paragraph to the allegations
regarding the illicit relations of the respondent and his plan to eliminate her
on account of the same. Both the spouses have alleged cruelty against the
other. However, respondent husband has sought divorce on the ground of
cruelty and desertion and the appellant wife curiously though has alleged
cruelty by the respondent has not claimed divorce or judicial separation. On
perusal of the evidence of the appellant wife and her witnesses, we find that
the evidence does not inspire confidence, is bereft of details and is
inconsistent and contradictory with regard to the grounds of 'cruelty' and
'desertion' raised by the respondent. The appellant wife had also filed on
record the police complaints lodged by her at Exhibit 55. According to
her,
the
respondent
used to call her and abuse her. However, it is
relevant to note that there is not a whisper with regard to the said
allegations in the appellant's petition for maintenance. Ordinarily, mental
cruelty, in our view, will not depend upon the numerical count of such
incidents or only on the continuous course of such conduct, but would
really go by the intensity, gravity and stigmatic impact it may have, when
meted out even once and the deleterious effect of it on the mental attitude of
a spouse. Considering the allegations and the incidents enumerated in
detail by the respondent husband in the evidence, in our opinion they would
cumulatively constitute 'cruelty' and which became fait accompli the day
the appellant sent the letters at Exhibit 27. In the present case, we are of
the opinion that the Family Court has rightly come to the conclusion that
the appellant husband is entitled to a decree of divorce under section 13(1)
(ia) of the said Act.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL NO.16 OF 2006
“M”
V/s.
“R”
CORAM:- A. S. OKA AND
REVATI MOHITE DERE, JJ.
13th NOVEMER, 2013
Citation; 2014 (1) Mh L J Bombay 440
