Bombay High Court states if the wife cannot provide proof of man's infidelity, it is mental cruelty
Ladies beware: If you accuse your husband of being a womaniser, but aren't able to substantiate the accusations, he can file for divorce on grounds of cruelty. That's what the Bombay High Court just ruled.
The observation came while the court was hearing the case of a couple who married in 1997 and have been staying separately since 2003. "The Family Court was not justified in refusing to grant a decree of divorce in favour of the husband on the ground of cruelty. It is held by this court time and again that unsubstantiated allegations by a wife that the husband is having an extra-marital relationship, constitutes mental cruelty."
The husband had said that not only did his wife harass him mentally and physically, but the reckless allegations also tarnished his image in society.
The woman had alleged that her husband was a serial adulterer, and that he had sexual relations with the maidservant. She said that when she was out of the house, she was always anxious that he would be involved in an illicit act. The wife also claimed that her husband had married a friend and had children out of that relationship.
The court, after going through the pleadings, said, "It is conspicuous to note that though the wife stated that the husband had established extra-marital relationships with several women, not a single woman was named by the wife… she would have surely been in a position to name at least a few of them. The wife has gone to the extent of saying that he had an extra-marital relationship with the maidservant, yet again, without giving the name of the maidservant."
The couple has been living separately since 2003.
The husband first filed an application for restitution of conjugal rights, but it was dismissed as the wife was not interested, thus he moved the divorce petition, which was also rejected.
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