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ACJ v. RJ - (High Court of Delhi) (23 May 2016)

Delhi HC propagating traditional husband-wife roles?

MANU/DE/1213/2016

Family

Fallacious litigation by one spouse against the other amounts to mental cruelty, the Delhi High Court noted, even if same is ultimately dismissed.

Dispute arose when the Respondent began to pressure Appellant to move out of his parent’s home. Appellant alleged several instances of physical and mental abuse. The Respondent-wife had since initiated litigation under the Domestic Violence Act 2005. Both cases were dismissed for non-prosecution, yet serious baseless allegations against the Appellant had been made.

Appeal was allowed and the marriage between the parties was dissolved. The court was mindful that false and unsubstantiated allegations would cause embarrassment to the Appellant and his family members.

The court offered thusly on family life. It noted that “merely because a family member may have misbehaved on an earlier occasion(s), is no reason to conclude, that such member would never be called upon to discharge the obligation that the person can reasonably be expected to discharge”. Moreover, “it would not have been unusual for the appellant and his family members to ask the respondent to prepare tea for a guest/ acquaintance who has visited the family.”

Relevant : Samar Gosh v. Jaya Gosh MANU/SC/1386/2007

Tags : DOMESTIC VIOLENCE   FALSE CLAIM   MENTAL CRUELTY  

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