Alleging illicit relationship without proof amounts to mental cruelty: Delhi HC

'Unsubstantiated allegations made by a wife, which tantamount to character assassination of the husband, amount to causing mental cruelty to the husband,'e bench said.

Making unsubstantiated allegation by wife leading to character assassination of a man would constitute cruelty allowing him to seek a divorce, the Delhi High Court has said.

In a decision, a bench of Justices Vipin Sanghi and Rekha Palli dismissed a petition by the wife against a decree of divorce allowed by a family court as she made allegations of husband's illicit relationship with her 'Bhabhi' (sister-in-law).

The court noted she admitted making the allegations, saying it was a known thing in the family and others were also talking about it.

"Unsubstantiated allegations made by a wife, which tantamount to character assassination of the husband, amount to causing mental cruelty to the husband," the bench said.

The court rejected, saying factum of she had made these allegations against the man was also evident from her admission during the cross-examination.

"We are of the view that the Principal Judge, family court, was justified in passing the decree for divorce after holding that such a serious allegation accusing the respondent of illicit intimacy with the appellant’s sister-in-law, which could not be established by the appellant by adducing any cogent or reliable evidence, would amount to mental cruelty," the bench said.

The man, in the instant case, sought divorce on the grounds of desertion by the wife and cruelty due to false allegations of an illicit relationship.