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Marriage and Divorce Law
False Allegations
An
imputation against the character of one spouse by other spouse
without foundation based on mere suspicion amounts to cruelty.
Wife suspected her husband having illicit relations with his
brother’s wife, whom husband treated and respected like his mother
and by whom he was reared and brought up. Behaving in a suspicious
manner may cause mental cruelty. The shameless behaviour may make
impossible for the injured to tolerate the same and live together.
It is not necessary that the acts complained of must be of a
certain character. The conduct may consists of a number of acts
each of which is serious in itself, but it may well be even more
effective if it consists of a long continued series of minor acts,
no one of which could be regarded as serious if taken in
isolation. The age, environments, standard of culture and status
in life of the parties must be taken together to form a composite
picture from which alone it may be ascertained whether the acts of
one spouse on another should, judged in relation to all
surrounding circumstances, be founded to amount to cruelty.
The existence of the cruelty depends not on the magnitude but
rather on the consequences of the offence, actual or apprehended.
Section 13 (ia) of the Hindu Marriage Act does not define the word
‘cruelty’, but it has been well settled by decisions that cruelty
refers not only to physical cruelty but also to mental cruelty. It
is also relevant to refer to Section 23 of the Act.
Satisfaction as used in Section 23 is not that satisfaction as
required in a criminal proceeding, but it refers to the proving of
the case by evidence adduced and also by surrounding circumstances
as appear from the case itself, “and where the court reaches to
the conclusion that the marriage has broken down and the parties
can no longer live together as husband and wife, the court should
better close the chapter by grant of divorce. Court is at liberty
to see in the ends of justice whether disputed allegation warrants
grant of divorce or not.
Whether false and reckless allegations on the character of the
other spouse so as to injure his/her reputation amounts to
cruelty?
Whether defamatory complaints and letters written to employer or
other authorities or colleagues constitute cruelty?
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