The Delhi High Court recently said that making false allegations of dowry harassment and rape against the husband’s family is an act of extreme cruelty that cannot be condoned.

The High Court also said that the bedrock of any matrimonial relationship is cohabitation and conjugal relationships, and for a couple to be deprived of each other’s company proves the marriage cannot survive, and such deprivation of conjugal relationships is an act of extreme cruelty.

“Significantly, it has also emerged in the evidence that the appellant (wife) had consulted the lawyer before making the complaint on which FIR was registered. It cannot be overlooked that making serious allegations of not only dowry harassment but of rape against the family members of the respondent (husband) which are found to be false, is an act of extreme cruelty for which there can be no condonation,” the court said.

The court’s observations came while dismissing a woman’s appeal challenging a family court’s order granting a divorce decree in favour of her estranged husband on the grounds of cruelty.

“In the present case, indisputably parties have been residing separately since 2014 which proves that they are unable to sustain a matrimonial relationship thereby depriving each other of mutual companionship and conjugal relationship. Such separation of almost nine years is an instance of utmost mental cruelty, asking for immediate severance of matrimonial relationship on the grounds of cruelty under the Hindu Marriage Act,” the court said.

The court noted that estranged couples have barely been able to live together for about 13 months and have not been able to sustain their matrimonial relationship.

The couple got married in November 2012 and have been living separately since February 2014.