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allegations of adultery consists of cruelty (2015-02-18)

Hindu Marriage Act, 1955; S. 13 ----- whether a false allegation of adultery levelled by one spouse against the other leads to a conclusion that the said spouse has been treated with mental cruelty or not ----- Held: it has been held by this Court that unfounded allegations of adultery consists of cruelty. The marriage is a trust between the male and female partner and if irresponsible allegations are levelled by the spouse against each other, it will be held that the spouse when makes reckless allegations without any basis, does so, at his/her own risk and responsibility ----- It has been further held that levelling of false allegations by the wife to the extent that her husband was leading an adulterous life is an act of cruelty and even a single act of cruelty after marriage is a valid ground for divorce.

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