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Character assassination amounts to cruelty, rules court granting man divorce

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Character assassination even in a casual manner amounts to cruelty, according to a family court order which granted divorce to a 45-year-old man. The court held that character assassination could lead to mental pain, agony and suffering, and that it had been proved in this case that the wife had committed cruelty against her husband by indulging in character assassination.

The man, a railway employee, got married on May 8, 1995 in Bangalore as per Christian rites. In his petition, he claimed that the initial days of the marriage were smooth. However, from 2008, his wife began creating problems.

"She began quarreling on petty issues. And on a number of occasions, she abused me in filthy language in front of our grown up daughters. She used to shout so loudly that neighbours used to think it was I who had been manhandling her. However, just to ensure that the marriage remained intact, I decided to take her to a psychiatrist. However she threw tantrums and created a scene at the psychiatrists clinic," the petition reads.

He bought a flat in her name and was paying EMI. However, instead of appreciating the gesture, she put the flat on rent and began threatening the man that she would push him onto the streets. The situation then took a turn for the worse and the woman began doubting her husband's character.

"She started saying I was having extra marital affair with our neighbour, and this became cause for regular fights. Finally fed up, I, in September 2011, decided to seek divorce," the petition says.

When the court asked the woman to file her reply, she pleaded that she didn't want to be divorced. She also refused all the allegations levelled against her. However, even in her reply, she maintained that her husband was having extra marital affair with their neighbour, which had resulted in the fights between them gaining momentum.

The court after going through the evidence, held that no evidence had been brought forth which proved that the man was having extra marital affair.

"Any person who has had to face constant allegations about extra marital affairs would find it difficult to survive in that environment. The way she has levelled allegations against her husband is character assassination in itself and amounts to cruelty in law, substantiating his demand for divorce."

"Such cruelty can cause mental pain, agony and suffering. In such circumstances, the husband cannot reasonably be asked to live with the wife," the court order says.

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