The Punjab and Haryana High Court ruled that even one false complaint or baseless criminal proceeding can cause sufficient harassment and torture to be considered matrimonial cruelty. This judgment was delivered while hearing a divorce case in April 2022.
The court overturned a 2013 Rohtak family court decision and observed that the wife had made defamatory and baseless allegations against her husband and in-laws. These allegations aimed to have them jailed and ruin the husband’s career.
The couple, married for four years, had been living separately since 2002 and had one child. In 2009, the husband filed for divorce, claiming his wife’s behavior had been cruel and harsh from the beginning of their marriage. However, the wife opposed a mutual divorce, leading to the family court dismissing the husband’s plea in 2013. He then approached the High Court for relief.
During the hearing, the court noted that the wife had filed a domestic violence complaint against her husband and his parents, leading to a trial that lasted four years. The husband was acquitted, and his parents were cleared during the investigation itself. Additionally, in 2006, the wife filed complaints against her husband with his senior officers, which she did not withdraw despite a compromise.
The High Court concluded that the marriage had irretrievably broken down, as the couple had been living separately for over 20 years. It emphasized that baseless complaints cause severe mental harassment and that even one such incident is enough to establish cruelty.
“Filing false complaints and initiating baseless criminal proceedings amount to harassment and matrimonial cruelty,” the court stated, adding that the wife in this case was intent on ruining the husband’s career and reputation.
The court observed that once separation persists for a long time, with no hope of reconciliation, the marriage should be presumed to have broken down irreparably. While courts must attempt reconciliation, they should not withhold divorce when the breakdown is beyond repair.
Granting the divorce, the court directed the husband to deposit ₹20 lakh as permanent alimony in the wife’s name.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
