One false complaint sufficient to constitute matrimonial cruelty: HC

CHANDIGARH: Only one complaint or criminal proceeding found baseless and false upon probe, do cause harassment and torture and is sufficient to constitute matrimonial cruelty, the Punjab and Haryana high court held.

The court reversed a 2013 order of a Rohtak family court observing that the wife made unfounded, indecent and defamatory allegations against the husband and the in-laws, which indicates that she made all attempts to ensure that they are put in jail and the estranged husband is removed from his job.

“We have no manner of doubt that this conduct of respondentwife has caused mental cruelty to the appellant husband,” the bench of justice Ritu Bahri and justice Ashok Kumar Verma concluded.

The couple was living separately since 2002 after a marriage period of four years. They also had a child in 1999. The husband had moved family court in 2009 seeking divorce claiming that from the beginning of the marriage, conduct, behaviour and attitude of the wife had been cruel, unwarranted and harsh.

The woman was not ready for divorce with mutual consent. The family court had dismissed husband’s plea in 2013 against which he had approached the HC. The court found that the marriage had broken down irretrievably and there is no chance of their living together again. “Further, not to grant decree of divorce would be disastrous for the parties,” it concluded, adding she is not staying with him for the last 20 years and there is no scope they can cohabit as husband and wife again.

It came before the court that she had filed a criminal complaint against the husband and his parents of domestic violence – the trial continued for four years and resulted in husband’s acquittal. His parents were declared innocent in the probe stage. Also in 2006, the woman had filed complaints against the husband before his senior officers, which even after a compromise, she did not withdraw.

“Filing of the complaint and initiation of criminal proceedings which were found to be baseless and false, do cause harassment and torture to husband and his family. One such complaint is sufficient to constitute matrimonial cruelty,” the bench concluded, adding that the wife in the case in hand was bent upon destroying the career and reputation of the husband through these complaints.

“The court, no doubt, should make an endeavour to reconcile the parties; yet, if it is found that the breakdown is irreparable, then divorce should not be withheld,” the bench observed granting the divorce and directing the husband to make a fixed deposit of Rs 20 lakh as permanent alimony in the name of the wife.