Character Assassination of Wife – Amounts to Mental Cruelty

The Hon’ble Supreme Court in the case of Vijaykumar Ramchandra Bhate v. Neela Vijaykumar Bhate, (2003) 6 SCC 334,  had the occasion to consider the question as to whether the averments, accusations and character assassination of the wife by the appellant husband in the written statement constitutes mental cruelty for sustaining the claim for divorce under Section 13(1)(ia) of the Act. The Hon’ble Court has observed that the position of law in that regard has come to be well settled and declare that leveling disgusting accusations of unchastity and indecent familiarity with the person outside wedlock and allegations of extra marital relationship is a grave assault on the character, honour, reputation, status as well as the health of the wife. Such allegations and aspersions made in the written statement or suggested in the course of examination and by way of cross-examination would amount to worst form of insult and cruelty, sufficient by itself to substantiate cruelty in law, warranting the claim of the wife being allowed. Such unfounded accusations and character assassinations causes mental pain, agony and suffering amounting to the reformulated concept of cruelty in matrimonial law causing profound and lasting disruption and causes the wife to feel deeply hurt and reasonably apprehend that it would be dangerous for her to live with a husband who was taunting her like that and rendered the maintenance of matrimonial life impossible. Debashis Choudhury v. Nibedita Choudhury, Mat. App. 22 of 2018 decided on 24.09.2019.

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