Repeated False Police Complaints And Reckless Allegations Against Spouse Constitute Mental Cruelty Entitling Husband To Divorce: Madras High Court

"Making unfounded indecent defamatory allegations against the spouse or his or her relatives in the pleadings, filing of complaints or issuing notices or news items which may have adverse impact on the business prospect or the job of the spouse and filing repeated false complaints and cases in the court against the spouse would, in the facts of a case, amount to causing mental cruelty to the other spouse." Madurai Bench of the Madras High Court, in a significant ruling, held that the habitual lodging of multiple police complaints, repeated control-room calls, and the raising of unsubstantiated allegations against a spouse and his relatives constitute grave mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

A division bench comprising Justice N. Anand Venkatesh and Justice K.K. Ramakrishnan observed that the institution of reckless criminal proceedings and domestic violence cases without a bona fide desire for reconciliation destroys the foundation of matrimony.

The case arose from matrimonial discord between the parties who married in June 2015 and had a female child in December 2016. The husband instituted H.M.O.P. No. 67 of 2020 before the Family Court, Thanjavur, seeking dissolution of marriage on the ground of cruelty. Subsequently, the wife instituted H.M.O.P. No. 102 of 2022 seeking restitution of conjugal rights. The Family Court decreed divorce in favor of the husband and dismissed the wife's petition for restitution, leading to the filing of the present civil miscellaneous appeals by the wife.

The primary questions before the court were whether the husband had successfully established grounds of mental cruelty for a decree of divorce, and whether the wife had made out a case for restitution of conjugal rights. The bench was also called upon to determine whether the initiation of multiple criminal and domestic violence proceedings during the subsistence of the marriage precluded a finding of bona fides in favor of the wife.

Court Assesses Matrimonial Discord And Police Complaints

The court noted that the parties resided together until the COVID-19 pandemic, after which disputes arose regarding domestic adjustments and child education. The wife subsequently left the matrimonial home and initiated multiple police complaints and emergency helpline calls.

Frequent Police Interventions Cause Mental Agony

The bench observed that the wife's repeated calls to the police control room resulted in law enforcement personnel frequently visiting the husband's residence for inquiries. The judges noted that such recurrent interventions against a respected family inevitably caused severe embarrassment, humiliation, and mental agony.

Reckless Allegations Constitute Cruelty

Relying on the Supreme Court precedent in Srinivas Rao v. D.A. Deepa, ((2013) 5 SCC 226), the bench reiterated that filing repeated false complaints and making unverified defamatory accusations against a spouse or his relatives in judicial pleadings amounts to matrimonial cruelty.

"Making unfounded indecent defamatory allegations against the spouse or his or her relatives in the pleadings, filing of complaints or issuing notices... would, in the facts of a case, amount to causing mental cruelty to the other spouse."

Restitution Petition Found Not Bona Fide

The court examined the wife's plea for restitution of conjugal rights and observed that her conduct demonstrated a complete absence of any genuine or sincere desire for reconciliation. The bench held that filing a restitution petition merely as a counterblast to divorce proceedings cannot be construed as a bona fide offer to resume marital life.

Invocations Of Apex Court Precedents

Referring to the principles laid down in A. Jayachandra v. Aneel Kaur, ((2005) 2 SCC 22), and the Madras High Court ruling in R. Raghunandhan v. M. Revathi, (2012 SCC OnLine Mad 1816), the bench emphasized that pursuing continuous litigation and seeking coercive action against a spouse during appellate proceedings underscores the irretrievable breakdown of mutual trust.

Philosophical Observations On Ego In Matrimony

In a reflective obiter dictum, the court dwelt upon the corrosive impact of unbridled ego in domestic relationships. Invoking the teachings of Mahatma Gandhi and Dr. A.P.J. Abdul Kalam, the bench observed that ego acts as an invisible termite that destroys marital harmony.

"When nails grow long, we cut the nails, not the fingers. Likewise, when misunderstandings grow, cut the ego, not the relationship."

Final Directions And Maintenance Orders

Finding no perversity or illegality in the appreciation of evidence by the trial court, the bench dismissed both appeals filed by the wife and confirmed the common judgment granting divorce. However, the court explicitly protected the welfare of the minor child by directing that the interim maintenance of Rs. 30,000 per month and the annual educational contribution of Rs. 2,00,000 ordered in favor of the child shall continue to remain enforceable.

Date of Decision: 28 July 2026