The leveling if false allegations by one spouse to the other having alleged illicit relations with different person outside the wedlock amounted to mental cruelty-High court of Patna.
The leveling if false allegations by one spouse to the other having alleged illicit relations with different person outside the wedlock amounted to mental cruelty-High court of Patna.
TITLE-Alok Bharti Vs Jyoti Raj
DECIDED ON-18/12/2023
+MA 205/2023
CORAM-HON’BLE JUSTICE MR.P.B.BAJANTHRI AND HON’BLE JUSTICE MR.RAMESH CHAND MALVIA
FACTS
As per the facts of the case on 29/11/2012 Appellanti.e Husband and respondent i.e wife married in terms of Hindu rites and custom and have a male child They leave at Mumbai They were living together till 4/06/2015.As there were certain domestic issues mainly respondent was not willing live in matrimonial home at Village.Wereas the appellant and his parents were insisting respondent to stay in the village to look after her in-laws.For which respondent made allegations against the appellant,in-laws, and ten others who are the well wishers of the appellant and criminal proceedings were initiated under section 498 A in which six names were dropped whereas 498(A) still pending against Appellant and his parents.Case grant of maintenance u/s 125 of crpc proceedings against the appellant which is still pending before various judicial forums.Simultaneously, Respondent filed doemstic violence case by means of filing complaint and it is also pending consideration.Further she had filed complaint against her husband even before his employer to take Disciplinary action and remove him from service and made serious allegations about the character of the husband and against his mother in the domestic violence complaint.Were in the backdrop Appellant field matrimonial (divorce) on the file of learned Family principal Judge,Vaishali under section 13 1(ia)1(ib) of Hindu Marriage Act,1955 were the learned Principal Judge family court decline the appellants petition of the matrimonial case.Im the light of these facts and circumstances learned counsel for the appellant submitted that impugned order passed in matrimonial case on the file of Principal Judge, Family court,vaishali at Hajipur state of Bihar is liable to be set aside while allowing the matrimonial case and to award decree of divorce while dissolving marriage among Appellant and respondent.Whereas per the Respondent resisted submitted that isolated incidents does not amount to cruelty and same has Been appreciated by the family court.Respondent also expressed that she would be withdrawing all criminal proceedings as well as domestic violence litigation un the event if refusal of decree of divorce.Therefore Respondent submitted that the present Miscellaneous Appeal is liable to be rejected.
LAW INVOLVED/ LEGAL PROVISIONS
Present appeal filed by the appellant to set aside the order passed learned Principal Judge family court, vaishali at Hajipur by which Appellants petition for divorce under section 13 1(ia) 1(ib) of the Hindu Marriage is declined.
ISSUE FRAMED
a)Is this suit as framed maintainable?
b)Whether the petitioner has got valid cause of action and right to sue?
c) Whether the O.P has deserted the petitioner continuously for a period of more than two years since preceding the presentation of the instance case?
d)Whether the behaviour the O.P is cruel towards against the O.P?
e)To whom other relief or reliefs the petitioner is entitled?
THE COURT ANALYSIS AND DECISION
As per the Hon’ble court after hearing the learned counsels for the respective parties observed that from the documents it is only factual aspect of the matter to the extent that respondent filed complaint and pendency of the litigations and material shown is relating to cruelty or not? Those cases were required to be Adjudicated hence not much relevance in favour of the appellant as Respondent denied all the alleged allegations levelled by her husband.As respondent admitted that the allegations of character assassination against the appellant and mother in law are untrue other than that all are correct even she produced certain material relating to doemstic violence like injury and it’s subject matter of litigation.The law as to matrimonial offence by cruelty by one or the other spouse has been elucidated by the supreme court in number of ruling.What is cruelty is one case may not amount to cruelty in another case.It is a matter to be determined in each case having regard to the facts and circumstances of that case.If it is a case of accusations and allegations regard must also be had to the context in which they were made.Tge principle is thus settled whether in facts and circumstances of a given case the petitioner has been able to make out a case of grant if divorce on the ground of cruelty would depend upon the nature of pleading and evidence in that case and there can be no starjacket formula nor an exhaustive list of instance can be prepared, were cruelty is said to have been committed by one or other party to the marriage.In the present case either parties should have invoked section 9 of the Hindu Marriage Act 1955 for restitution of conjugal rights before the Jurisdictional forum.as the respondent should have resorted for panchayat or filing if restitution of conjugal rights.on other hand she straightaway initiated criminal proceedings under section 498 A of IPC and allied sections against the appellant and his parents and other well wishers.Droping six names from the above proceedings it is evident that unnecessary she has dragged some of the parties and further allegations touching the character of respective persons and it would hurt mentally and their image in the society and family is tarnished.Due to the above allegations and initiation of case against the appellant by the respondent would fall under the defination of cruelty meted out to the appellant.No doubt respondent also suffers certain domestic issues like abuse and the fact that respondent and her son got injuries as mother of the appellant pushed them from the car.However the appellant has approached court of law alleging that he subjected to cruelty.The family court has failed to appreciate thereforementioned issues if initiation of criminal proceedings, doemstic violence and complaint which has tarnished the image of the appellant at his working place.Characyer assassination of adultery, fornication and alleging that appellant and his mother are involved in soliciting Prosecution,these are the elements of cruelty and it hurts mentally to the appellant.As the family court has not taken note of the fact that respondent intentions was not to join her husband in the light of three case and also shows concern in withdrawing those allegations.In other words she has adhered to the arm twisting method instead of resolving in a polite manner.The Appellant is not willing to condone the lapses if allegations levelled by the respondents even though respondent is prepared to give up her allegations at this hour.The leveling if false allegations by one spouse to the other having alleged illicit relations with different person outside the wedlock amount to mental cruelty.In present case wife alleged allegations against the appellant Involved in adultery and fornication etc were Respondent admitted those allegations are at the instigation of her advocate and are not true.socila torture by anyone of the spouse to the other found to be as the mental torture and cruelty.it is also sufficient that if the cruelty is of such type that it becomes impossible gur spouse to live together.Therefore it is a marriage irretrievable broken down during the period from 04/06/2015 to this day in the light of institution of criminal proceedings, domestic violence and complaint to the employer. Gist if allegations all the three petitions it is evident that they amount to cruelty.Therefore the family court has committed error in dismissing the appellants Matrimonial Divorce case.Thus Appellant had made a prima facie case so as to grant decree of divorce on the Ground of cruelty.Therefore present appeal is allowed accepting the matrimonial Divorce case and ordering dissolution of marriage between the parties.
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Written by- Prachee