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Delhi High Court: Extremely cruel to make false allegations of rape, dowry harassment against husband's family

Team SoOLEGAL 6 Sep 2023 12:52pm

Delhi High Court: Extremely cruel to make false allegations of rape, dowry harassment against husband's family

New Delhi: The Delhi High Court recently ruled that a wife making false allegations of rape and dowry harassment against her husband's family members amounts to extreme cruelty.

According to a division bench of Justices Suresh Kumar Kait and Neena Bansal Krishna, such false complaints by the wife against her husband constitute mental cruelty, and the husband can seek divorce on that basis.

The Court was hearing an appeal filed by a woman challenging a November 11, 2021 family court order granting divorce to the husband on grounds of mental cruelty.

According to the Court, the couple married according to Hindu rites and customs on November 24, 2012, but the wife left the matrimonial home on February 19, 2014.

She claimed that the husband never informed her of the status of his legally wedded file and that her brother-in-law raped her on February 17, 2014.

She also stated that the husband and his family would mock her for being disabled and not bringing enough dowry.

Despite the fact that a case was filed against the husband and his brother under Sections 498A and 376 of the Indian Penal Code (IPC), the Court found that they were cleared of all allegations. It was also noted that the wife had written an apology letter in which she stated that there had been no harassment as she claimed.

The Court also stated that there was no evidence to support the claim that the marriage was not consummated as stated. Rather, the Court concluded that there was adequate evidence to show that the appellant (wife) was unwilling to live with her husband.

The Court emphasized that depriving one spouse of the other's company was an extreme act of cruelty and that cohabitation and a conjugal relationship are the foundations of any matrimonial relationship. Also, stated that depriving a couple of each other's company proves that the marriage cannot survive, and such deprivation of conjugal relationship is an act of extreme cruelty.

The court further explained that “court must bear in mind the physical and the mental conditions of the parties as well as their social status and should consider the impact of the personality and the conduct of one spouse on the mind of the other, weighing all incidents and quarrels between the spouses from that point of view and such conduct must be examined in the light of the capacity and endurance of the complainant and to what extent such capacity was known to the other spouse. Malevolent intention is not essential to cruelty but it is an important element where it exists.”

In this case, the Court also noted that the couple had been living apart for nearly nine years. The Court ruled that this was an instance of extreme mental cruelty, and that the matrimonial relationship should be severed immediately.

Therefore, the Court upheld the family court order and dismissed the wife's appeal.



Tagged: Delhi High Court   rape and dowry harassment  
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