Mumbai: The Bombay High Court, dismissing an appeal of an estranged wife against family court order granting divorce, said that lodging a false complaint against the husband and his family members with the intention to correct the behaviour of the husband would amount to cruelty.
The trial court granted a decree of divorce on a plea filed by husband, observing the wife had falsely lodged a prosecution against the husband under section 498A of the Indian Penal Code (IPC), with a purpose not to bring home the guilt of the husband, but merely to change his behaviour.
What did the trial court say?
“The respondent (wife) herself unequivocally admitted that she had filed criminal case not to punish petitioner, but to change his behaviour. It could not be understand who advised such therapy, by abusing process of law. This has adverse effect more to the respondent than changing behaviour of the petitioner (husband). The admission of the respondent herself is sufficient to say that her case under section 498-A of IPC was false,” the trial court said while granting divorce.
The trial court also said that the evidence showed that husband was always positive to continue relation and it was wife herself who was in hurry to resort to criminal proceeding, even though she had no merit in her story and this was the turning point of matrimonial life of the parties.
We are in agreement with findings recorded and view taken by family court: High Court
“We are in agreement with the findings recorded and the view taken by the family court in the impugned judgment. As clearly seen, the appellant (wife) had lodged a false prosecution against the respondent, which has been concurrently affirmed by the criminal court. This would certainly amount to cruelty in terms of Section 13(1)(i-a) of the Hindu Marriage Act, 1955,” a bench comprising Justice GS Kulkarni and Justice Advait M Sethna said.
“We may observe that the respondent and his family members being subjected to false criminal proceedings and the ordeal of such serious charges being faced by them that too for the reason that the appellant-wife wanted to correct the behaviour of the husband, would find no place in the harmonious relations of mutual trust, respect and affection, a married couple would normally maintain,” the High Court added.
The bench further said that once the mind of a spouse is corrupted to resort to a false prosecution against a spouse, it is certain that the spouse has lost all reasonableness and rationality to maintain solemnity of the marriage.
Resorting to false prosecution sufficient ground for divorce on ground of cruelty: High Court
“Also once there is a dent to such essential values, on the foundation of which a marriage rests, by a false and draconian action of a criminal prosecution being resorted by either spouse, it is in the realm of cruelty which would be a ground for divorce under section 13(1)(i-a) of the Hindu Marriage Act, 1955. Thus, such actions on the part of the appellant of resorting to a false prosecution, was certainly a sufficient ground, entitling the respondent for a divorce on the ground of cruelty,” the bench said while refusing to interfere with the family court order.
