Delhi High Court Upholds Divorce Decree in Sharma v. Sharma Case
Reckless Allegations and Vexatious Litigation Constitute Mental Cruelty, Affirms Court
In a landmark judgment, the Delhi High Court has upheld the decree of divorce granted by the Family Court in the case of Ms. Anupama Sharma v. Shri Sanjay Sharma, reaffirming that reckless and unsubstantiated allegations of cruelty, dowry demands, and adulterous relationships, coupled with persistent vexatious litigation, amount to mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The judgment, delivered by Justices Anil Kshetarpal and Harish Vaidyanathan Shankar, emphasizes the importance of credible evidence in matrimonial disputes and the severe consequences of baseless accusations.
The marriage between the appellant-wife, Anupama Sharma, and the respondent-husband, Sanjay Sharma, had been fraught with allegations and counter-allegations, leading to multiple litigations over a decade. The couple, who married in 1997, have been living separately since 2012, with the wife initiating several complaints and FIRs against the husband, including allegations of dowry demands, adultery, and physical assault.
The High Court, in its detailed analysis, upheld the Family Court's finding that the wife's conduct constituted mental cruelty, making it unreasonable for the husband to continue the marital relationship. The judgment noted the wife's repeated filing of complaints and litigation against the husband without substantive proof, causing him immense mental agony, social humiliation, and professional damage.
The judgment draws heavily on precedents set by the Supreme Court, which have established that false and reckless allegations can severely undermine the foundation of marriage, amounting to cruelty. The court emphasized that matrimonial relationships demand mutual trust and respect, and baseless allegations of infidelity or illicit relationships strike at the heart of this trust, rendering cohabitation intolerable.
While the appellant contended that irretrievable breakdown of marriage is not a statutory ground for divorce under the Hindu Marriage Act, the court clarified that such breakdown can be considered in assessing cruelty and the viability of the marital relationship. The court observed that the prolonged separation and hostile litigation between the parties indicated an irreparable breakdown of the marriage.
This judgment reinforces the judiciary's stance on the need for credible evidence in matrimonial disputes and underscores the serious repercussions of using litigation as a tool for harassment. By affirming the decree of divorce, the court has highlighted the importance of protecting individuals from mental cruelty in matrimonial relationships, paving the way for fair and just resolutions in similar cases.
Bottom Line:
Family Law - Reckless and unsubstantiated allegations of cruelty, dowry demands, and adulterous relationships, coupled with a pattern of vexatious litigation, constitute mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955 - Divorce decree granted.
Statutory provision(s): Section 13(1)(ia) of the Hindu Marriage Act, 1955
Ms. Anupama Sharma v. Shri. Sanjay Sharma, (Delhi)(DB) : Law Finder Doc Id # 2792307
