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Aug 273 min read

Is Paternity Of Children Cruelty Against The Wife

The Delhi High Court Recently Ruled That Spreading Sensational Charges About A Child's Legality And Paternity Was The Ultimate Insult And Cruelty To The Wife. Such Observations Resulted From A Husband's Plea For Divorce On The Grounds Of Adultery And Cruelty.

"Such Scandalous, Unsubstantiated Aspersions Of Perfidiousness Attributed To The Spouse, Not Even Sparing The Children, Would Amount To The Worst Form Of Insult And Cruelty, Sufficient To Disentitle The Appellant From Seeking A Divorce," The Bench Of Justice Suresh Kumar Kait And Justice Neena Bansal Krishna Ruled.


The Court Went On To Say That Making Defamatory Charges Of Adultery And Inappropriate Interactions Outside Of Marriage, As Well As Allegations Of Extramarital Affairs, Represents A Serious Attack On The Wife's Character, Reputation, And Mental Health.


Facts Of The Case

In This Case, The Respondent And Appellant Married In 2005. The Respondent Then Admitted That She Was Not Pregnant And Had Made False Claims About Her Pregnancy To Push Him Into Marriage. The Appellant Has Further Claimed That Following The Birth Of The Boy On January 24, 2008, The Appellant's Parents Accepted The Respondent And Invited The Appellant And The Respondent To Join Them In Their House, But The Respondent Bluntly Refused. The Appellant Claimed That He Had Been Subjected To Abuse And Sought Divorce Under Section 13 (1) (I-A) Of The Hindu Marriage Act, 1955. The Learned Judge, Family Court, Carefully Considered Both Parties' Evidence And Concluded That The Appellant Had Made Serious Allegations About The Respondent's Character, To The Point Where He Even Denied Parentage Of His Children And Admitted In His Evidence That He Did Not Want To Live With Them. The Family Court Denied The Divorce Petition. The Appellant Filed An Appeal With The Delhi High Court, Expressing Dissatisfaction With The Situation. The High Court Dismissed The Appeal.


Arguments By Husband

The Husband, Represented By Advocates Juhi Arora And Saral Arora, Argued That While Under The Influence Of Alcohol, His Wife Engaged In Physical Intercourse With Him. She Notified Him Of Her Pregnancy In November 2004, Urging Him To Marry On January 1, 2005, By Hindu Customs. Later, She Admitted That The Pregnancy Claim Was Bogus And Was Made To Force Him Into Marriage.


The Husband Further Alleged That The Wife, Who Was First Stationed In Bhiwani With A Government Department, Was Transferred To Delhi In 2006 And Given Official Housing. Since Then, She Has Pushed Him To Quit His Government Position And Start A Business In Delhi, While Also Forcing Him To Claim His Portion Of Parental Property.


The Husband Claimed That His Wife Married Him Primarily To Acquire Property And That She Neglected And Mistreated Him. She Even Threatened Suicide And Falsely Accused Him And His Family Of Dowry-Related Charges.


Arguments By Wife

The Wife, Represented By Advocate Karmanya Singh Choudhary, Denied The Husband's Allegations, Claiming Incidences Of Physical Violence, Including Boiling Oil Pouring, And Parental Rejection Of Their Daughter. Denials Of Paternity And Claims Of Infidelity Were Contested, With The Wife Claiming Victimhood And Challenging The Divorce Petition's Legality.


Court’s Observation

The Court Carefully Examined The Challenged Verdict, Noting The Significant Claims Made By The Husband Against His Wife's Character. These Claims Included Rejecting Their Children's Parentage And Showing An Unwillingness To Live With Them.


Furthermore, The Court Noticed That The Husband Repeatedly Questioned The Wife's Character And Made Unfounded Assertions, Saying That She Had Inappropriate Interactions With Numerous People, Including Mr. T. However, Under Cross-Examination, The Husband Admitted To Having Never Seen The Wife In Compromising Situations.


The Court Emphasized That Such Claims, Which Severely Destroy The Accused's Character, Reputation, And Well-Being, Are The Most Extreme Kind Of Cruelty. These Baseless Claims Inflict Severe Mental Agony And Suffering, Matching The Newly Defined Term Of Cruelty In Matrimonial Law.


Furthermore, The Court Emphasized That Such Scandalous And Unfounded Allegations Of Betrayal Against The Husband, Even Involving Children, Constitute The Most Serious Kind Of Insult And Cruelty. The Court Ruled That This Case Represented A Circumstance In Which The Husband Was At Fault And Hence Ineligible To Seek Divorce.


Furthermore, The Court Found That The Husband Failed To Back Up Any Of His Charges Against The Wife. His Assertions Of Suicidal Threats And Involvement In Criminal Cases Lacked Supporting Evidence. As Previously Stated, It Was The Wife Who Suffered Abuse, Not The Husband.


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