Filing False Cases Against Husband Is Cruelty: Punjab & Haryana High Court Grants Divorce
The Punjab and Haryana High Court recently granted divorce to a man, ruling that his wife’s actions of filing false and baseless cases against him amounted to cruelty. The court also ordered the husband to pay Rs. 18 lakh as alimony to the wife.
The husband had initially filed a petition under Section 13 of the Hindu Marriage Act, 1955, seeking the dissolution of his marriage based on cruelty and desertion by his wife. The family court had dismissed his plea in May 2017, but he challenged the decision in the High Court.
Case Background
A bench comprising Justice Ritu Bahri and Justice Nidhi Gupta reviewed the case. The husband stated that he married the respondent in November 2012. They lived together as husband and wife for only nine months. He alleged that his wife was dominating, disrespectful, and frequently picked fights over trivial matters.
The husband claimed that in September 2013, his wife left him without any valid reason, taking all her dowry articles, including gifts from his parents. She never returned to live with him, which he cited as an act of desertion.
Allegations of Cruelty
In his plea, the husband also accused his wife of filing numerous false complaints against him and his family. This included complaints to the Army Wives Welfare Association, causing mental stress and humiliation.
The wife, on the other hand, denied the allegations and claimed that her husband deserted her. She also alleged that her husband demanded dowry, physically assaulted her, and failed to provide financial support.
High Court Observations
The High Court noted that the wife had made serious accusations against her husband and his family, including allegations of inappropriate behavior by her father-in-law, which were unsubstantiated. The court observed that these false claims caused irreparable damage to the marital relationship.
The bench remarked, “The conduct of both parties clearly shows irreconcilable differences, rendering their marriage a mere legal fiction. They have been living separately since 2013, and all mediation attempts have failed.”
Final Judgment
In its ruling, the High Court set aside the family court’s decision and allowed the husband’s appeal. The court concluded that granting divorce would bring an end to the suffering of both parties.
Additionally, the court awarded Rs. 18 lakh as permanent alimony to the wife, noting that the husband had already paid Rs. 23 lakh as maintenance during the ongoing litigation.
Conclusion
This judgment highlights that filing false and malicious cases in a marital relationship can amount to cruelty and serve as a valid ground for divorce. It also emphasizes the importance of ensuring fair settlements for both parties to move on with their lives.
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==