The Bombay high court has held that a false criminal case filed by an estranged wife for harassment against her husband and in-laws amounted to cruelty
In a significant order, Bombay high court has held that a false criminal case filed by an estranged wife for harassment against her husband and in-laws amounted to cruelty and was sufficient ground to seek divorce.
"In our view, embarrassment, humiliation and suffering that is caused on account of arrest of a husband and his family members in a false case constitutes mental cruelty to enable the husband to seek divorce on this sole ground", a bench observed recently while granting divorce to a couple.
Justice AP Deshpande and justice RP Sondurbaldota, however, disagreed with a family court's order that a single complaint filed by a wife against her husband and in-laws does not indicate tendency of the wife to make false allegations.
"We fail to understand the logic behind the reasoning adopted by the family court to hold that a singular complaint of this nature under section 498A IPC resulting in arrest and detention of family members and relatives thereby causing embarrassment, humiliation and suffering does not constitute mental cruelty. It is illogical that more than one complaint
is necessary to constitute mental cruelty", the bench noted.
"In our opinion, the approach of the family court is wholly perverse and its reasoning cannot be sustained in law. We are of the view that cumulative effect of the behaviour and conduct of the wife is good enough to draw an inference that she has caused utmost mental pain and suffering which amounts to mental cruelty to the husband and hence he is entitled for divorce on the ground of cruelty," they said.
The case pertained to a couple in Pune (name withheld) who got married on March 8, 2001. The husband alleged that on the wedding night itself his wife alleged that she felt deceived as she had been led to believe that he was earning higher salary. She also taunted him that she had married a blind man as he was wearing spectacles.
The husband further alleged that his wife forced him to live separately from his mother but he did not do so. Later, she left his home and delivered a baby girl at her parent's house and came to stay with him again after the child's birth.
Subsequently, the husband alleged, his wife filed a false case against him and his mother alleging that she was subjected to cruelty. However, he and his mother was acquitted by the lower court which did not find any evidence of cruelty perpetrated by them.
The husband then filed a divorce petition in a family court which said a single complaint filed by the wife does not indicate that she had the tendency to file false cases and hence this could not be a ground for divorce.
However, the high court did not agree with the lower court's ruling and granted divorce to the couple after the husband agreed to give Rs three lakhs permanent maintenance to the child who has now turned eight.
The court directed that this amount be kept in fixed deposit which can fetch an interest of Rs 2000 per month for the upkeep of the child. The deposit shall be kept in a bank until the daughter attains majority.
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