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False Complaints Can Constitute Matrimonial Cruelty: Punjab and Haryana HC

False Complaints Can Constitute Matrimonial Cruelty: Punjab and Haryana HC

The Punjab and Haryana High Court has ruled that a single false complaint or criminal proceeding found baseless upon investigation is enough to constitute matrimonial cruelty. This decision was made while hearing a case in April 2022.

The court overturned a 2013 Rohtak family court ruling, noting that the wife had made unfounded, indecent, and defamatory allegations against her husband and in-laws. These actions suggested she was trying to have them imprisoned and her estranged husband removed from his job.

The couple had been living separately since 2002 after four years of marriage and had a child together. In 2009, the husband sought a divorce, claiming that his wife’s behavior had been cruel and harsh from the beginning of their marriage. However, the wife refused a mutual consent divorce, and the family court dismissed the husband’s plea in 2013, prompting him to approach the high court.

The court learned that the wife had filed a criminal complaint against the husband and his parents, accusing them of domestic violence. After a four-year trial, the husband was acquitted, and his parents were found innocent during the investigation. Additionally, in 2006, the wife filed complaints against her husband with his senior officers, which she did not withdraw even after a compromise.

The court concluded that the marriage had irretrievably broken down, as the couple had been living separately for 20 years with no chance of reconciliation. The bench stated that filing false complaints causes harassment and torture, amounting to matrimonial cruelty. The court added that if a couple has been separated for a significant period and either party petitions for divorce, it is presumed that the marriage is broken beyond repair.

The court emphasized that while reconciliation should be attempted, if the breakdown is irreparable, divorce should not be withheld. The bench granted the divorce and directed the husband to make a fixed deposit of ₹20 lakh as permanent alimony in the wife’s name.

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