Repercussions of using Fictitious Grounds for Divorce

It is undoubtedly alarming to see the rising trend of divorce rates lately, among younger individuals in India. However, to obtain a quick divorce, the uninformed individuals resort to fictitious grounds of impotency or infertility, as consummation of marriage is seen as a validation of the mutual consent of a couple to live together under Indian marital laws. However, such a ground needs to be proven in court that it existed at the time of marriage and is incurable. Relevant evidence needs to be provided in order to prove the same.

Additionally, it is particularly concerning to witness cases of frivolous allegations of serious offenses like dowry, domestic violence, marital rape, cruelty and child abuse in criminal courts. In the year 2022 the Punjab and Haryana High Court held that “filing false and frivolous cases by the wife against the husband and his family amounts to cruelty”, however, the judgment's pronouncement has not resulted in any significant difference.

It is imperative to understand that initiating Criminal litigation between parties is irreversible and filing false cases not only escalates the bitterness between the couple and its family members but also, rarely leaves any room for reconciliation. These cases are both, setting a wrong precedent in society and making it difficult for the legal system to take action on baseless allegations due to a lack of evidence. The courts are bearing the burden of dealing with frivolous complaints until measures are implemented, despite the constitutional validity of the provisions.

Consequently, in addition to possible restrictions on travel or relocation for both parties due to an ongoing criminal case, these grounds are recorded in the divorce decree. Thus, it has a post-divorce impact in personal and official matters, such as obtaining government documents or visas, as they are verified by authorities and future marital prospects.

It is crucial that Justice be sought only through provisions outlined in the statutes if one is genuinely aggrieved. Let us strive to approach legal matters with integrity and transparency