False charges of domestic violence is ground for divorce: SC

  • Bhadra Sinha, Hindustan Times, New Delhi
  • Updated: Jul 02, 2014 01:06 IST

If a wife makes false allegations of domestic violence against her husband, it would amount to cruelty, a valid ground for divorce, the Supreme Court said on Monday.

“The allegation that the husband was instigated to keep her (wife) at home as an unpaid servant is a disturbing allegation when viewed from the spectrum of gender sensitivity and any sensitive person would be hurt when his behaviour has remotely not reflected that attitude,” said a bench of Justice SJ Mukopadhyaya and Justice Dipak Misra, granting divorce to a Karnataka-based doctor.

The bench upheld the divorce granted by the state HC and dismissed the wife’s appeal challenging it. The husband sought divorce on the grounds that his wife had falsely implicating him and his family members in a domestic violence case by claiming she was prevented from pursuing higher studies and was kept as an unpaid servant in the matrimonial home.

“It is her (wife) allegation that the sister and brother-in-law of the husband were pressurising him not to allow the wife to prosecute higher studies and to keep her as an unpaid servant in the house. On a studied evaluation of the evidence it is demonstrable that the wife had admitted that the husband had given his consent for her higher education and, in fact, assisted her,” the bench observed.

It even found the wife’s decision to intentionally refrain from inviting the husband for the naming ceremony of their child to be an act of cruelty.

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