Mahendra Kumar Sharma vs Sunita Sharma
2014 Latest Caselaw 6153 Del

*   IN THE HIGH COURT OF DELHI AT NEW DELHI

                              Date of Decision: November 25, 2014
+   MAT.APP. 30/2012
    MAHENDRA KUMAR SHARMA                 ..... Appellant
               Through: Mr.Mohit Gupta and Mr.Vishal
                        Saxena, Advocates
               versus

    SUNITA SHARMA                                        ..... Respondent
                Through:             Nemo.

    CORAM:
    HON'BLE MR. JUSTICE SUNIL GAUR

                       JUDGMENT

%                        (ORAL)

          Vide    impugned     judgment    of   24th    December,   2011

appellant's petition for divorce on the ground of cruelty stands dismissed by trial court while holding as under:-

"The above discussion shows that the pleadings of the petitioner lack in concrete, specific and material facts and they mostly consist of opinion and inferences. They cannot be termed as facts. The inherent defect of pleadings cannot be cured by any amount of evidence. The pleadings circumscribe the scope of evidence."

The facts are not reproduced as they are already noticed in the impugned judgment. Respondent was served but none had appeared on behalf of respondent. It is so noted in the last order. It was submitted by learned counsel for appellant that respondent-

MAT App No.30/2012 Page 1 wife was ex-parte before trial court as well and allegations of cruelty levelled against respondent are specific and in view of the unchallenged evidence on record, appellant ought to have been granted divorce. Thus, it is submitted that impugned judgment is unsustainable and deserves to be set aside.

Upon hearing and on perusal of the impugned judgment and the evidence on record, I find that in the pleadings as well as in the evidence, appellant has maintained before the trial court that respondent-wife had recklessly levelled allegations against appellant of having extra-marital affairs with a lady who was living in the same locality. Appellant has maintained that the allegations of extra-marital affairs are false and unsubstantiated and have thus caused considerable mental cruelty to appellant. Merely because appellant has not given the date, month or the year of levelling of such baseless allegations would not negate the stand of the appellant because it is the case of appellant that such baseless allegations were levelled time and again by respondent against the appellant.

The Apex Court in Vijaykumar Ramchandra Bhate Vs. Neela Vijaya Kumar Bhate AIR 2003 SC 2462 has observed as under:-

"Levelling disgusting accusations of unchastity and indecent familiarity with the person outside wedlock and allegations of extra-marital relationship is a grave assault on the character, honour, reputation, status as well as the health of a wife. Such as persons of perfidiousness attributed to the wife would amount to the

MAT App No.30/2012 Page 2 worst form of insult and cruelty, sufficient by itself to substantiate cruelty in law."

In the instant case, the unchallenged ex-parte evidence led by appellant makes out a case for divorce on the ground of cruelty. Impugned judgment is rendered unsustainable. Resultantly, the impugned judgment is set aside and appellant's petition for divorce on the ground of cruelty is allowed and appellant is granted divorce.

This appeal is accordingly disposed of.

(SUNIL GAUR) JUDGE

NOVEMBER 25, 2014 mb

MAT App No.30/2012 Page 3