The Delhi High Court recently reinforced the principle that making derogatory allegations, including claims of an extra-marital affair, in complaints to a spouse’s employer constitutes cruelty under matrimonial law. The court upheld a family court’s decision to dissolve a marriage on these grounds, emphasizing the importance of mutual respect in marital relationships.
A division bench comprising Justices Navin Chawla and Renu Bhatnagar noted that while adjustments and tolerance are essential in marriage, spouses must refrain from actions that humiliate or defame each other. The bench stated:
“The foundation of a sound and healthy marriage is tolerance, adjustment, and mutual respect for each other… Making derogatory and defamatory remarks in complaints to the employer of the spouse amounts to cruelty, irrespective of the truthfulness of the allegations.”
Read also:- Supreme Court: Secretly Recorded Phone Call of Spouse Is Admissible in Divorce Cases
The case involved a wife who had filed multiple complaints with her husband’s employer, accusing him of cruelty and adultery. The husband sought divorce, arguing that these actions were intended to harass him professionally.
Wife’s Defense and Court’s Rejection
The appellant-wife contested the divorce decree, claiming her complaints were a “desperate cry for help” due to the husband’s neglect and police inaction. She cited the Supreme Court’s ruling in Raj Talreja v. Kavita Talreja (2017), where it was held that justified complaints do not amount to cruelty.
Read also:- Kerala High Court Considers UGC & KeLSA’s Proposed Reforms to Anti-Ragging Laws
However, the High Court dismissed her argument, observing that the employer had no role in addressing matrimonial disputes. The judges remarked:
“The complaints, particularly the unfounded adultery allegation, were clearly aimed at humiliating the husband in his workplace. Such actions are tantamount to cruelty.”
Read also:- Bombay HC Prioritizes Child’s Well-Being, Allows Mother to Keep Custody Over Father’s Islamic Law Claim
The judgment underscores that workplace complaints involving personal allegations can severely damage a spouse’s professional reputation and mental well-being, justifying divorce on grounds of cruelty. The court clarified that even if the allegations are true, airing them before an employer crosses the bounds of acceptable conduct in a marriage.
Case Title: AS v. NKS
Case No.: MAT.APP.(F.C.) 160/2025
For Appellant: Mr. Prashant Machanda, Ms. Nancy Shah & Ms. Isha Baloni, Advs.