The Punjab and Haryana High Court has ruled that even a single false complaint or criminal proceeding, if proven false, is sufficient to constitute matrimonial cruelty. This decision came during the hearing of a case in April 2022. The court emphasized that such false allegations cause significant harassment and mental torture, which is enough to justify divorce.
In this case, the High Court overturned a 2013 ruling by a Rohtak family court. The lower court had dismissed the husband’s plea for divorce, despite finding that the wife made unfounded, indecent, and defamatory accusations against her husband and his family. The High Court noted that these allegations appeared to be intended to get the husband jailed and fired from his job.
The couple, who married in 1998, had been living separately since 2002 and have a child. In 2009, the husband filed for divorce, citing his wife’s cruel behavior from the start of their marriage. However, the wife refused to agree to a mutual divorce, and the family court dismissed the husband’s petition. He then took his case to the High Court.
The High Court learned that the wife had filed a criminal complaint accusing the husband and his parents of domestic violence. After a four-year trial, the husband was acquitted, and his parents were cleared during the investigation. Additionally, in 2006, the wife lodged complaints against the husband with his senior officers, which she did not withdraw even after a settlement was reached.
Given these circumstances, the court concluded that the marriage had irretrievably broken down, as the couple had been living apart for the last 20 years. The court stated, “The filing of the complaint and initiation of criminal proceedings, which were found to be baseless and false, do cause harassment and torture to the husband and his family. One such complaint is sufficient to constitute matrimonial cruelty.”
The court further observed that once the parties have separated for a significant time, and one party files for divorce, it can be presumed that the marriage is beyond repair. While courts should attempt to reconcile the parties, if the marriage breakdown is irreparable, divorce should not be denied.
Ultimately, the High Court granted the divorce, directing the husband to provide a fixed deposit of ₹20 lakh as permanent alimony for the wife. This ruling sets a precedent that false accusations can be grounds for divorce, highlighting the importance of truthful claims in matrimonial disputes.
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