Filing False Cases is a ground for divorce – Cruelty : P&H High Court
The Punjab and Haryana High Court recently granted a man’s request for a divorce after finding that the wife’s filing of baseless claims against him constituted to cruelty.
However bench further awarded permanent alimony of Rs. 10 Lakh to the wife as a full and final settlement of all issues between the parties, taking into consideration the needs of the wife.
“Before we part ways, let me say that even though we have determined that the respondent-actions wife’s towards the appellant-husband constitute cruelty, we are aware of what she needs. In accordance with section 125 of the CRPC, the appellant has been ordered to pay interim maintenance at a rate of Rs. 2500 per month, and the trial court has authorised payment of Rs. 3000 per month in accordance with section 24 of the HMA. In these circumstances, we deem it appropriate to order that the husband pay the wife a lump amount of INR 10,00,000/- (Rupees Ten Lakhs only) in permanent alimony as full and final resolution of all differences between the parties “the Judge commanded (emphasis supplied). The husband, who is the appellant, filed a petition with the family court pursuant to Section 13 of the Hindu Marriage Act of 1955, seeking the dissolution of his union with the respondent, who is the wife, on the grounds of cruelty. In May 2017, the Additional District Judge Tarn Taran dismissed the case. He moved to the High Court to contest the same.
He claimed that between 2009 and 2010, he wed the respondent/wife. No kid was conceived outside of marriage, and his wife had always preferred to live separately rather than with his parents in the marital home.
Furthermore, he said that his wife was unfaithful to him, that she picked fights over trivial issues, insulted his parents, and had a “venom-oozing tongue.” She even threatened to file a false dowry lawsuit against the appellant and his family.
Additionally, it was claimed that the responder was abducted by her father in October 2013 and that she left the country without returning, taking all of her possessions and gold jewellery. She then brought a case against him and his family under Sections 406, 498-A, and 120-B of the IPC; however, they were all ultimately found not guilty.
The wife, on the other hand, claimed that she was mistreated and physically assaulted by her in-laws in exchange for additional dowry items, and when she was left with no choice but to file the aforementioned FIR against them, she did so. She added that she was expelled from the marital residence in October 2013.
The Court began by noting that the appellant-husband and his family members had been cleared in the lawsuit brought against them by the appellant’s wife. The Trial Court had issued extremely clear conclusions, according to the Court, stating that the wife had completely failed to make its case.
In light of this, the Court added the following: “We believe that once criminal litigation between the parties begins, there is no turning back. Additionally, if the wife made up the claim in order to harass and degrade the husband and his family, there will likely be little place or justification for reconciliation as a result of the ensuing resentment.”
Additionally, the Court noted that filing a false complaint by the wife against her husband constitutes cruelty and is a good enough reason for divorce in major Supreme Court decisions.
The court went on to remark that the partners had been living apart since October 2013 and that their behaviour shows that there are irreconcilable disagreements between them, making the marriage a mere legal fiction. As a result, the court held that the wife’s behaviour amounted to cruelty. As a result, the appeal was granted.
Joginder Singh
vs
Rajwinder Kaur
