Delhi High Court: Allegations of Extra-Marital Affair Amount to Mental Cruelty


In a recent ruling, the Delhi High Court affirmed that a father's refusal to acknowledge the legitimacy of his children and baseless accusations of extra-marital affairs against his wife constitute acts of mental cruelty. The Division Bench of Justices Suresh Kumar Kait and Neena Bansal Krishna underscored that such allegations inflict profound emotional distress and assault the character, reputation, and mental well-being of the spouse.

Citing a Supreme Court judgment, the Court emphasized that unsubstantiated assertions of infidelity and indecent behavior outside the marriage are tantamount to cruelty in matrimonial law. The judgment upheld a family court's decision to dismiss the husband's plea for divorce, noting that the husband's allegations constituted a grave assault on the spouse's honor and dignity.

The appellant-husband had claimed that his wife pressured him into marriage after allegedly establishing sexual relations under duress and later threatening suicide. He further accused his wife of engaging in illicit relationships with multiple men. However, the Court found no merit in these allegations, highlighting the husband's failure to fulfill his familial responsibilities after leaving his job, leaving the financial burden and household duties solely on the wife.

The Court's verdict underscores the importance of substantiated claims in matrimonial disputes and affirms the significance of safeguarding the dignity and mental well-being of spouses within marital relationships.

Author: Anushka Taraniya 

News Writer, MIT ADT University