{"id":246560,"date":"2021-04-08T10:22:49","date_gmt":"2021-04-08T04:52:49","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=246560"},"modified":"2021-04-08T17:54:50","modified_gmt":"2021-04-08T12:24:50","slug":"illicit-relationship","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2021\/04\/08\/illicit-relationship\/","title":{"rendered":"[Cruelty by Wife] Cal HC | Reckless allegations against husband corroborated by daughter. Affidavit of daughter how far can corroborate husband’s allegations? Court determines while confirming divorce decree against wife"},"content":{"rendered":"

Calcutta High Court:<\/strong> A Division Bench of Arindam Sinha and Suvra Ghosh, JJ. confirmed a decree of divorce passed in favour of the husband by the trial court on grounds of cruelty by the wife. The instant appeal, dismissed by the High Court, was preferred by the wife against the judgment of the trial court.<\/p>\n

Backdrop and Factual Matrix<\/em><\/span><\/p>\n

The husband filed for divorce against the wife on grounds of cruelty, alleging that she made false allegations against him of having illicit relations with other women as well as their own daughter. The trial court found that no cogent proof of illicit relationship was forthcoming from the wife which could prove the allegations made by her against the husband. Therefore, the trial court held it amounted to cruelty against the husband under Section 13(i<\/em>)(i-a<\/em>) of the Hindu Marriage Act, 1955; and granted a decree of divorce in favour of the husband.<\/p>\n

Contentions \u2500 Wife<\/em><\/span><\/p>\n

The wife argued that the allegation of cruelty was erroneously held to be proved against her. She submitted that the persons named were not produced as witness. Extreme financial hardship had prevented her from fully participating at the trial, but that by itself did not justify finding in the trial court’s judgment and decree that the allegation of cruelty was proved against her.<\/p>\n

Contentions \u2500 Husband<\/em><\/span><\/p>\n

The husband submitted that the suit was filed in year 2004. Dilatory tactics were adopted by the wife. He gave evidence and was cross-examined, which could not shake his evidence. Such unshaken testimony was corroborated by their daughter. The daughter was married and living happily in her matrimonial home. Grave and serious allegations against him were made regarding carrying on with several women, including, their daughter. This part of the evidence was also corroborated by the daughter. The daughter took to the witness box and corroborated unshaken testimony of the husband, and therefore the wife did not cross-examine her, nor turn up to give evidence and be cross-examined. In such circumstances, further corroboration was not required and the Court below correctly appreciated the evidence to find cruelty inflicted on him.<\/p>\n

It was further submitted that he had allowed the wife to stay in his flat and is regularly paying her enhanced permanent alimony. Eighteen years of separation had happened and there should not now be reversal of the trial court’s judgment and decree. He relied on the Supreme Court decision in Adhyaatmam Bhaamini<\/em> v. Jagdish Ambala Shah<\/em>, (1997) 9 SCC 471<\/a>.<\/p>\n

Law, Analysis and Decision<\/em><\/span><\/p>\n

The High Court analysed the facts and allegations in two parts. Firstly<\/em>, the allegations were regarding the wife having taken up a 9 am to 9 pm job, after which she became very ill. The husband, in his evidence, stated that he put pressure on the wife to leave the job. On the other hand, the wife said that the husband forced her to work on a sales office to earn money to meet family expenses. On examining the record, it appeared to the High Court that the wife took up the job, after which she fell ill, and the husband caused her to leave the job. Therefore, the wife’s account on this point was disbelieved by the Court.<\/p>\n

Secondly<\/em>, the allegation against the wife was that in July-August 2003, she visited the husband’s office, informing the Committee of Housing about him maintaining illicit relationship with their daughter. As a consequence, members of the Committee came to their residence. The wife admitted that on one occasion, she went to her husband’s office, but only to meet him. She did not meet allegations regarding her approaching the Committee members.<\/p>\n

The allegations of the husband against the wife, were corroborated by their daughter in her evidence-in-chief. Although some statements in her affidavit were hearsay. The Court opined that:<\/p>\n

\n

“There are some statements in her affidavit-in-chief, which are hearsay.<\/strong>\u00a0The parts of her affidavit that can be attributed to be her evidence is in corroboration of what her father said in the petition, his affidavit-in-chief and from the Box, in cross-examination.<\/strong>”\u00a0\u00a0 \u00a0<\/span><\/p>\n<\/blockquote>\n

\u00a0On a complete analysis, the High Court held that the wife made reckless allegations against the husband, amounting to cruelty. The Court was convinced that there is no scope of interference in the trial court’s judgment and decree. The appeal was fount without any merit and was therefore dismissed.\u00a0[Radha Majumder v. Arun Kumar Majumder, 2021 SCC OnLine Cal 1398<\/a>, decided on 23-03-2021]<\/p>\n

\n

Advocates who appeared in this case:<\/strong><\/p>\n

Mr. Pradip Kumar Roy<\/p>\n

Ms. Shraboni Sarkar … for appellant wife<\/p>\n

Mr. Debabrata Acharyya<\/p>\n

Mr. Sital Samanta … for respondent-husband<\/p>\n","protected":false},"excerpt":{"rendered":"

Calcutta High Court: A Division Bench of Arindam Sinha and Suvra Ghosh, JJ. confirmed a decree of divorce passed in favour of <\/p>\n","protected":false},"author":8808,"featured_media":52131,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[8991,2513,2570,31318,2641,31563,29785,31780,2642],"class_list":["post-246560","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-appeal","tag-Calcutta_High_Court","tag-Cruelty","tag-daughter","tag-husband","tag-illicit-relationship","tag-law","tag-matrimonial-suit","tag-wife"],"yoast_head":"\n[Cruelty by Wife] Cal HC | Reckless allegations against husband corroborated by daughter. Affidavit of daughter how far can corroborate husband's allegations? 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However, the High Court upon close scrutiny of evidence on record, set aside the Family Court's decision.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"karnataka high court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/05\/karnataka-high-court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/05\/karnataka-high-court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/05\/karnataka-high-court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/05\/karnataka-high-court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":235875,"url":"https:\/\/www.scconline.com\/blog\/post\/2020\/09\/16\/tripura-hc-what-amounts-to-irretrievable-breakdown-of-marriage-hc-discusses-in-case-where-the-couple-lived-apart-for-13-continuous-years\/","url_meta":{"origin":246560,"position":1},"title":"Tripura HC | What amounts to irretrievable breakdown of marriage? HC discusses in a case where the couple lived apart for 13 continuous years","author":"Bhumika Indulia","date":"September 16, 2020","format":false,"excerpt":"Tripura High Court:\u00a0A Division Bench of S. Talapatra and S.G. Chattopadhyay, JJ., upheld the decision of the trial court and stated that the present matter is a case of an irretrievable breakdown of the marriage in light of cruelty and desertion. Cruelty & Desertion | Dissolution of Marriage Allegations of\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":267318,"url":"https:\/\/www.scconline.com\/blog\/post\/2022\/05\/24\/would-pledge-of-ornaments-kept-for-marriage-of-a-daughter-and-use-for-self-without-knowledge-of-husband-would-amount-to-cruelty-chhattisgarh-high-court-law-legal-news-legal-updates\/","url_meta":{"origin":246560,"position":2},"title":"Would pledge of ornaments kept for marriage of a daughter and use for self without knowledge of husband would amount to cruelty? Chh HC decodes","author":"Bhumika Indulia","date":"May 24, 2022","format":false,"excerpt":"Chhattisgarh High Court: In a matter pertaining to mental cruelty, the Division Bench of Goutam Bhaduri and N.K. Chandravanshi, JJ., expressed that, if a spouse by her own conduct, without caring about the future of the daughter, parts with ornaments which were meant for the marriage, it will be within\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":210564,"url":"https:\/\/www.scconline.com\/blog\/post\/2019\/02\/22\/bom-hc-publicising-domestic-disputes-lodging-false-complaints-making-frivolous-allegations-amount-to-cruelty-and-are-grounds-for-divorce\/","url_meta":{"origin":246560,"position":3},"title":"Bom HC | Publicising domestic disputes, lodging false complaints, making frivolous allegations amount to cruelty and are grounds for divorce","author":"Bhumika Indulia","date":"February 22, 2019","format":false,"excerpt":"Bombay High Court:\u00a0In an interesting case, Vibha Kankanwadi, J. allowed an appeal filed by the husband against the order of the first appellate court wherein trial court's order granting divorce\u00a0to him against the respondent (wife) was reversed. Parties married to each-other at Solapur in 1999. They resided at Jalgaon since\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":268687,"url":"https:\/\/www.scconline.com\/blog\/post\/2022\/06\/20\/wife-pressing-uncorroborated-allegations-on-husband-being-impotent-amounts-to-cruelty-under-s-131-ia-of-the-hindu-marriage-act-1955-kar-hc-grants-divorce\/","url_meta":{"origin":246560,"position":4},"title":"Wife pressing uncorroborated allegations on husband being impotent amounts to cruelty under S. 13(1) (ia) of the Hindu Marriage Act, 1955; Kar HC grants divorce","author":"Prachi Bhardwaj","date":"June 20, 2022","format":false,"excerpt":"There is no straight-jacket formula when considering the term \u201ccruelty\u201d and it depends upon the established pleadings and evidence on record and the inference has to be drawn from the attending facts and circumstances taken cumulatively","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Karnataka High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/04\/New_Karnataka.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/04\/New_Karnataka.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/04\/New_Karnataka.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/04\/New_Karnataka.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/04\/New_Karnataka.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":205989,"url":"https:\/\/www.scconline.com\/blog\/post\/2018\/11\/30\/repeated-attempts-by-wife-to-commit-suicide-amounts-to-extreme-cruelty-divorce-granted\/","url_meta":{"origin":246560,"position":5},"title":"Repeated attempts by wife to commit suicide amounts to extreme cruelty; divorce granted","author":"Bhumika Indulia","date":"November 30, 2018","format":false,"excerpt":"Delhi High Court:\u00a0A Division Bench comprising of G.S. Sistani and Jyoti Singh, JJ. dismissed an appeal against the judgment of Family Court whereby it had decreed a divorce petition filed by the husband on grounds of cruelty by the wife. The parties got married in 2006. A divorce petition was\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/246560","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/8808"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=246560"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/246560\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media\/52131"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=246560"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=246560"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=246560"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}