Chhattisgarh HC Grants Husband Divorce, Finding Wife’s Unsupported Affair Allegation Involving His Younger Brother’s Wife Was Mental Cruelty

The parties married on 6 May 2017 and had a son.

The husband alleged that the wife left the matrimonial home on 4 December 2018, made an unsupported allegation that he was having an illicit relationship with his younger brother’s wife, and initiated criminal and domestic-violence proceedings against him and his family.

The wife denied the allegations and claimed that she had been subjected to cruelty.

The husband’s petition for divorce on the grounds of cruelty and desertion was dismissed by the Family Court, which found neither ground proved.

The husband appealed.

The wife did not give evidence before the Family Court.

Section 13(1)(i-a) of the Hindu Marriage Act, 1955 permits divorce where one spouse has treated the other with cruelty; mental cruelty is assessed in light of the facts and circumstances of the case.

Section 13(1)(i-b) requires desertion for a continuous period of at least two years immediately before presentation of the petition.

Relying on Vijaykumar Ramchandra Bhate v. Neela Vijaykumar Bhate, the Court stated that baseless allegations of an extramarital relationship may constitute mental cruelty, depending on their gravity and impact.

It also relied on Narendra v. K. Meena for the principle that false and reckless allegations of an affair may cause mental cruelty.

Under Rakesh Raman v. Kavita, the filing of criminal complaints, or their resulting in acquittal, does not by itself establish cruelty; the circumstances and overall facts must be considered.

The Court further referred to K. Srinivas v. K. Sunita concerning a knowingly false criminal complaint as conduct capable of constituting cruelty.

The Court found that the wife had specifically alleged that the husband was having an illicit relationship with his younger brother’s wife, but the allegation lacked a foundation in the evidence.

It considered the allegation particularly serious because it implicated a close family member and could cause the husband mental pain and suffering.

The Court also considered the criminal proceedings and the husband’s submission that he and his family had been acquitted; the wife’s counsel did not categorically dispute that submission.

However, the acquittal judgment was not on the record, and the criminal case had still been pending when the Family Court decided the divorce petition.

The Court held that the Family Court had erred by failing to address the allegation of an illicit relationship and the evidence relevant to cruelty.

It upheld the Family Court’s finding on desertion: the pleaded departure was on 4 December 2018, while the divorce petition was filed on 10 January 2020, short of the statutory two-year period.

The Court set aside the Family Court’s finding on cruelty and held that the husband had proved mental cruelty; it left undisturbed the finding that desertion had not been established.

The divorce petition was allowed, and the marriage was dissolved on the ground of cruelty.