Allegation of extra-marital affair and lodging of false FIR is mental cruelty

Uttarakhand High Court Upholds Divorce on Grounds of Mental Cruelty False Allegations and Unsubstantiated Claims Lead to Dissolution of Marriage

The Uttarakhand High Court has upheld a family court's decision to dissolve the marriage between Khusboo Singh and Sandeep Kumar, citing mental cruelty as the primary ground. The Division Bench, comprising Justices Ravindra Maithani and Alok Mahra, delivered the judgment on December 3, 2025, in response to an appeal filed by Khusboo Singh challenging the family court's decree.

The case revolved around allegations made by Khusboo Singh against her husband, Sandeep Kumar, which included claims of extra-marital affairs and filing false FIRs against him and his family members. The family court had initially ruled in favor of Sandeep Kumar, granting him a divorce on the grounds of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

In the appeal, Khusboo Singh's counsel argued that the judgment was flawed and that she was expelled from her matrimonial home without cause. They contended that the allegations made in the FIRs were legitimate concerns. However, the High Court found that the claims of extra-marital relations were unsubstantiated and the allegations of rape filed against Sandeep Kumar's family members were false, thus constituting mental cruelty.

The court noted that mental cruelty involves conduct that inflicts mental pain and suffering, making it impossible for the parties to live together. The judgment cited precedents from the Supreme Court, emphasizing that making false and defamatory allegations, filing baseless complaints, and indulging in a sustained course of abusive behavior can constitute mental cruelty.

The High Court's decision underscores the importance of substantiated claims in matrimonial disputes and the severe implications of filing false allegations. By dismissing the appeal, the court reinforced the family court's findings that Khusboo Singh's actions amounted to mental cruelty, justifying the dissolution of marriage.

Bottom Line:

Allegation of extra-marital affair and lodging of false FIR causing mental cruelty - Filing unsubstantiated allegations of extra-marital relations and serious complaints like rape and dowry harassment amounts to cruelty under Section 13(1)(i-a) of the Act, justifying dissolution of marriage.

Statutory provisions: Hindu Marriage Act, 1955, Section 13(1)(i-a)

Khusboo Singh v. Shri Sandeep Kumar, (Uttarakhand)(DB) : Law Finder Doc Id # 2817124