The Delhi High Court has upheld the divorce granted to a husband from a wife who in her written statement alleged that he is a womanizer and corrupt. Justice Vipin Sanghi observed that such reckless statements made in the pleadings would have caused immense pain and suffering to the husband, as the allegations impinge on his character and morality.
The Court said,
To be called a womanizer and corrupt by his own spouse, would have caused such pain and suffering to the respondent as would lead him to entertain the apprehension that it would not be conducive to his physical and mental well being to live with the wife.
- The parties were married in June 1984 at Varanasi, Uttar Pradesh and had no children
- The husband alleged that the wife treated him with cruelty and deserted him in September 1999
- According to the allegations, the wife had denied sexual relations on one pretext or the other after June 1997
- It was further alleged that the appellant suffered from psychological and physical deformities and used to pick quarrels with the respondent
- She created ugly scenes several times in the presence of family members and friends of the respondent
- After cross questioning both parties, the trial court had granted divorce to the husband
- The wife had appealed to the Delhi High Court against Divorce granted
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- In her written statement before the family court, she had said that her husband is a corrupt officer and has obtained various awards by adopting corrupt means
- She also alleged that he is a known womanizer among his colleagues and in the society
- The learned counsel for the respondent submits that the appellant had constantly changed her stand
- The respondent further submits that the allegations of cheating, corruption and womanizing have remained unsubstantiated
- Even the allegation of the respondent having an extra-marital affair with one SJ was not proved
- In the written statement, the appellant stated that the respondent had relationships with several women, but in her cross-examination, she only stated that husband was having an affair with SJ
The Court observed that harsh and reckless allegations like those made in the written statement, assumes a difference when serious allegations are made by one spouse against the other, not in the heat of the moment, but in a premeditated and planned manner in legal proceedings. The Court observed that none of these allegations had been established by the wife by leading any cogent evidence.
The court said,
It is one thing for a spouse to speak harshly to the other in the course of an argument and in the heat of moment. Harsh words and utterances so spoken are bound to cause pain and anguish and also result in anger and a grouse being experienced by the other spouse. However, such wear and tear in a matrimonial relationship is normally healed, and the parties move on in life.
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