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1. INTRODUCTION
   Marriage is a relationship built on mutual trust, respect, and emotional support. When one spouse repeatedly accuses the other of infidelity without any evidence, it not only causes mental distress but also damages the accused spouse’s social and professional reputation. In recent judgments, Indian courts have recognized that such baseless allegations, especially when persistent, may amount to mental cruelty, which is a valid ground for divorce under the Hindu Marriage Act, 1955.This article explores the legal implications of repeatedly accusing a spouse of infidelity without proof, particularly focusing on how it constitutes cruelty. It examines judicial interpretations and argues that such conduct deserves clear condemnation under matrimonial law.
2. LEGAL FRAMEWORK
   Under § 13(1)(i-a) of the Hindu Marriage Act, 1955, cruelty is recognized as a ground for divorce. The section does not define “cruelty,” leaving its interpretation to the courts. Over the years, Indian courts have developed jurisprudence recognizing mental cruelty as a valid and independent basis for marital dissolution.”13. Divorce.—(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party—(i-a) has, after the solemnization of the marriage, treated the petitioner with cruelty;”
3. JUDICIAL RECOGNITION OF FALSE ALLEGATIONS AS CRUELTY
   The Supreme Court of India and several High Courts have addressed the issue of false accusations of unchastity or infidelity. The consistent legal view is that making such serious and unfounded allegations can cause deep psychological trauma and harm to a person’s dignity and standing in society.
   In Vishwanath S/o Sitaram Agrawal v. Sarla Vishwanath Agrawal, the Supreme Court held that falsely accusing a spouse of an extramarital affair without evidence amounts to mental cruelty. The Court stated:“Allegations made by the wife in her written statement that the husband is a womanizer and was having an illicit connection with another woman without any supporting evidence are serious allegations and amount to cruelty.”In K. Srinivas Rao v. D.A. Deepa, the Court went further, observing that false complaints and humiliating allegations in public and private life significantly impair the relationship, causing emotional suffering which qualifies as cruelty:

   “Making unfounded, indecent and defamatory allegations against the spouse… or making complaints to the employer of the spouse which may result in loss of his job or reputation amounts to mental cruelty.”

   Similarly, the Delhi High Court in Rajinder Bhardwaj v. Anita Sharma held that persistent allegations of infidelity made without any proof, especially when communicated to third parties, amount to cruelty and justified a decree of divorce.

4. DAMAGE TO REPUTATION AS AGGRAVATED CRUELTY
   In many cases, the damage from false accusations extends beyond the home. When one spouse accuses the other of adultery in front of family, colleagues, or society at large, the harm becomes public and reputational. This adds a layer of social humiliation, especially in conservative cultures where allegations of sexual misconduct carry significant stigma.Courts have acknowledged this, observing that cruelty is not confined to private suffering but includes injury to reputation, which is a constitutionally protected right under Article 21 of the Indian Constitution. The Supreme Court in Samar Ghosh v. Jaya Ghosh set out illustrative instances of mental cruelty, including:“Unfounded accusations of extramarital relationship and repeated taunts and humiliation… leading to mental pain and agony.”
   The Calcutta High Court in Chandan Kumar Singh v. Priyanka Singh (2023) recognized that repeated accusations of infidelity made without any evidence amounted to cruelty where the husband’s professional reputation and mental peace were severely affected.
5. GENDER-NEUTRAL APPLICATION
   It is important to note that the legal principle applies to both spouses. While many cases involve wives accusing husbands, or vice versa, the legal standard is gender-neutral. Courts assess cruelty based on the facts and impact of the allegations, not the gender of the accuser.
6. CONCLUSION
   The repeated accusation of infidelity without proof is not just a personal attack; it is a violation of dignity and emotional well-being. When such false claims are made publicly or in a sustained manner, they severely affect the mental health and social reputation of the accused spouse.
   Indian courts have rightly evolved jurisprudence that treats such conduct as mental cruelty, meriting relief under matrimonial law. This approach respects the principles of dignity, mental peace, and reputation in marriage, and provides a necessary legal remedy for those unjustly accused.
7. SUGGESTED REFORMS
   Given the increasing recognition of emotional abuse in relationships, the legislature may consider introducing illustrative definitions of cruelty, including false and malicious allegations, to bring uniformity in judicial application. Additionally, counseling mechanisms should be strengthened to address such toxic patterns before they escalate into legal disputes.

   This article has been researched and written by Advocate Aarun Chanda, practicing divorce law in Mumbai and Pune. This article is intended solely for academic purposes and should not be construed as legal advice. Readers are encouraged to consult a qualified lawyer/advocate specializing in divorce cases for professional legal guidance.

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