MAHENDRA KUMAR SHARMA Vs. SUNITA SHARMA

JUDGEMENT

(1.) 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:

(2.) 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.

(3.) The Apex Court in Vijaykumar Ramchandra Bhate v. Neela Vijaya Kumar Bhate, 2003 AIR(SC) 2462 observed as under: