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Repeated Allegations Of Infidelity, Levelled By A Spouse, Amount To Cruelty
07 Dec 2019 01:38 pm
While setting aside a decree of judicial separation passed by the Family Court, Dehradun, the Uttarakhand High Court on Wednesday reiterated that allegations of infidelity, consistently leveled by a spouse, amount to cruelty.
This position was earlier settled by the Supreme Court in Ravinder Kaur v. Manjeet Singh (Dead), 2019 SCC OnLine SC 1069, wherein it was held that bald allegations of illegitimate relationship made by a husband against the wife amounts to mental cruelty.
Noting that the husband in the case had been leveling the allegations of infidelity against his wife since 2006, the bench of Justice Alok Singh and Justice Ravindra Maithani said,
"It is the husband who first leveled such allegations against his wife. Allegations of infidelity were leveled firstly by the husband against the wife. It amounts to cruelty. It is not the respondent wife who initiated this game. It is the appellant husband who started it. The cruelty was initially committed by the appellant. It is not the respondent wife who may be blamed on this account, instead it is the appellant who has committed the cruelty upon the respondent wife by leveling unsubstantiated allegations of infidelity, repeatedly."
