Unproven allegations of an extra-marital affair do not amount to "cruelty" and therefore cannot be a valid ground for divorce.

Case Summary : In this case, the Delhi High Court overturned a trial court's decision that had granted a divorce based on allegations of an extra-marital affair. The High Court ruled that since there was no substantial proof of the affair, the allegations could not be considered as cruelty. The court reiterated that mere suspicion or conjecture without concrete evidence cannot be the basis for a divorce on the grounds of cruelty. Thus, the court set aside the divorce order, underscoring that proven facts, not mere allegations, should form the basis for deciding such cases.

Parties Involved: The case involved a couple where one spouse (the petitioner) had filed for divorce on the grounds of cruelty, primarily alleging that the other spouse was involved in an extra-marital affair.

Trial Court Decision: The trial court granted the divorce on the basis of the alleged extra-marital affair, citing that such allegations could be considered as cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955. The court ruled that the affair and other behaviors amounted to mental cruelty.

Appeal: The aggrieved spouse (respondent) challenged this decision in the Delhi High Court, contending that the allegations were not proven, and mere suspicion of infidelity should not be treated as cruelty without conclusive evidence.

Issues:

1. Whether mere allegations of an extra-marital affair, without substantial proof, constitute cruelty under the Hindu Marriage Act, 1955.
   

2. Whether the trial court's order of divorce, based solely on unproven allegations, was sustainable.

   
   

Legal Points:

1. Section 13(1)(i-a), Hindu Marriage Act, 1955 (Cruelty as Grounds for Divorce):

   Under this provision, cruelty can be physical or mental. However, unsubstantiated allegations of infidelity cannot automatically be treated as cruelty without credible evidence. The burden of proof is on the party making such claims.
   

2. Evidence and Standard of Proof in Divorce Proceedings:

   Allegations such as extra-marital affairs must be supported by clear, cogent, and credible evidence. If these are not substantiated, it cannot be assumed that the accused spouse has committed cruelty.
   

3. Principle of Conjugal Harmony:

   The court emphasized that baseless accusations could disturb the peace of mind of the accused spouse and destroy the sanctity of marriage. However, suspicion alone does not equate to proven cruelty.

Delhi High Court's Observations:

1. No Substantial Proof of Affair:

   The Delhi High Court noted that the trial court had granted the divorce without conclusive evidence of the alleged extra-marital affair. The allegations were based more on suspicion and conjecture than on solid proof.
   

2. Mere Allegations Do Not Amount to Cruelty:

   The High Court held that unfounded allegations do not amount to cruelty as defined under the Hindu Marriage Act. Only credible and verified facts can lead to such a conclusion.
   

3. Baseless Accusations Can Damage Marital Relations:

   The court warned that allowing divorces based on unsubstantiated claims could encourage false accusations and destabilize the institution of marriage. It upheld the principle that the burden of proof lies on the party making serious claims like infidelity.

   
   The judgment highlights the need for a fair and objective approach to family disputes and sets a precedent that unproven accusations in matrimonial cases do not automatically warrant the dissolution of marriage.

   
   

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