Introduction
In A v. B, the Delhi High Court held that repeatedly accusing one’s spouse of infidelity without any proof, and thereby damaging that person’s reputation, constitutes cruelty. The Court stressed that marriage depends on trust and respect, and such baseless allegations can undermine those foundational elements.
Judgment Name
The judgment was pronounced by a Division Bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar. It came in the appeal filed by a wife against a Family Court order granting divorce to her husband on grounds of cruelty.
Facts of the Case
In this matter, the husband sought divorce from his wife, relying on the ground of cruelty. The Family Court, however, did not accept his plea of desertion but found cruelty was made out based on three factors. First, the wife had committed acts of physical violence against him. Second, she had initiated multiple legal proceedings against him which lacked substance. Third, the marital relationship had deteriorated so badly that living together was no longer viable.
Soon after a particular incident, the wife filed a petition claiming that her husband had acted cruelly. Over the course of the proceedings, the husband stuck to a consistent version of events and presented evidence. The wife never effectively challenged his testimony through cross-examination.
The Court also observed that the wife made repeated, vague, and sweeping allegations of adultery against the husband without producing any corroboration or particulars. She leveled these accusations in public and in legal documents, thereby harming his reputation.
What the Court Says
The Bench held that cruelty does not depend on proving adultery. Rather, the cruelty lies in making reckless, stigmatic, and unverified allegations. To accuse a spouse of infidelity without particulars, corroboration, or proof is irresponsible and inherently cruel.
The Court noted that physical violence, whether by husband or wife, cannot be tolerated in a marital relationship. It affirmed that in this case it was not a matter of isolated disputes; it revealed a pattern of aggressive litigation by the wife against her husband.
The Bench said that the wife’s conduct displayed intent to malign the husband’s reputation. She subjected him to public humiliation and made sweeping allegations. The Court found that no person could be reasonably expected to continue cohabiting under such conditions.
Although Indian law does not allow divorce solely on grounds of irretrievable breakdown of marriage, the Court clarified that when cruelty becomes entrenched and continuation of the relationship would cause further harm, courts must act to bring the relationship to an end.
Accordingly, the Court dismissed the wife’s appeal and upheld the Family Court’s decision in favor of the husband.
Implications
This judgment reinforces that courts will not permit baseless and repeated accusations of infidelity to stand without proof. Such conduct may itself amount to cruelty, even if adultery is never substantiated. Parties to a marriage must act responsibly and respectfully, especially in conflicts.
For future divorce cases, this decision may serve as precedent to show that cruelty is not limited to physical harm or extreme acts; damaging one’s spouse through reckless allegations is equally serious. Judges may scrutinize unsubstantiated claims more strictly and may not tolerate patterns of harmful conduct that degrade trust and dignity.
Conclusion
In A v. B, the Delhi High Court affirmed that accusing a spouse of infidelity without proof is cruelty. The Court applied established legal principles to the facts, and rejected the attempt to continue a marriage under such strain. This case will help guide lower courts in discerning when allegations cross the line into cruelty and when they demand judicial intervention.
