Case Note & Summary
The appellant-wife challenged the judgment and decree of divorce granted to the respondent-husband under Section 13(1)(i-a) and 13(1-A)(ii) of the Hindu Marriage Act, 1955. The parties married on 21.12.2004 and had a daughter. After initial cohabitation, the wife left the matrimonial home in 2012 and filed multiple proceedings against the husband and his family, including a complaint under the Domestic Violence Act (dismissed), a petition for restitution of conjugal rights (allowed but not complied with), a missing complaint, an application under Section 97 CrPC (rejected), and a criminal case under Section 354 IPC against the husband's brother (resulting in acquittal). The husband filed for divorce alleging cruelty and desertion. The trial court granted divorce, which was upheld by the first appellate court. In second appeal, the High Court held that the filing of multiple false criminal complaints constituted mental cruelty, and the wife's failure to resume cohabitation after the restitution decree for over two years entitled the husband to divorce under Section 13(1-A)(ii). The court found no substantial question of law and dismissed the appeal.
Headnote
A) Hindu Marriage Act - Divorce - Cruelty - Section 13(1)(i-a) - Filing of multiple false criminal complaints by wife against husband and his family members, including complaints under Domestic Violence Act, IPC, and CrPC, which were dismissed or resulted in acquittal, amounts to mental cruelty - Held that such conduct causes severe mental pain and suffering, making it impossible to live together (Paras 4-10, 14-16).
B) Hindu Marriage Act - Divorce - Desertion - Section 13(1-A)(ii) - Where a decree of restitution of conjugal rights has been passed and the wife fails to resume cohabitation for a period of one year or more, the husband is entitled to divorce - Held that non-compliance with restitution decree for over two years constitutes a ground for divorce (Paras 4, 17-18).
C) Hindu Marriage Act - Divorce - Mental Cruelty - Inference from conduct - The cumulative effect of filing false cases, desertion, and failure to comply with restitution decree amounts to cruelty - Held that the trial court and first appellate court correctly granted divorce on grounds of cruelty and desertion (Paras 14-18).
Issue of Consideration
Whether the filing of multiple false criminal complaints and desertion after a decree of restitution of conjugal rights constitutes cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and whether the husband is entitled to divorce under Section 13(1-A)(ii) for non-compliance of restitution decree.
Final Decision
The High Court dismissed the second appeal, confirming the divorce decree granted by the trial court and upheld by the first appellate court.
Law Points
- Mental cruelty can be inferred from filing of multiple false criminal complaints
- desertion after decree of restitution of conjugal rights
- and failure to resume cohabitation despite decree
- Section 13(1)(i-a) and 13(1-A)(ii) of Hindu Marriage Act
- 1955
Case Details
2024 LawText (BOM) (04) 36
Second Appeal No. 250 of 2023 with Civil Application No. 5854 of 2023
Shri B. S. Phad for the Appellant, Shri Prashant K. Nikam for the Respondent
Deepika w/o Nitin Khedkar
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Nature of Litigation
Second appeal against concurrent findings of divorce granted on grounds of cruelty and desertion under Hindu Marriage Act.
Remedy Sought
Appellant-wife sought to set aside the judgment and decree of divorce granted to respondent-husband.
Filing Reason
Dissatisfaction with the judgment and decree dated 20.02.2023 passed by the District Judge, Ambejogai in Regular Civil Appeal No. 09/2022, which upheld the divorce decree.
Previous Decisions
Trial court (Civil Judge, S.D., Ambajogai) granted divorce on 09.12.2021 in H.M.P. No. 80/2017; first appellate court (District Judge, Ambejogai) dismissed appeal on 20.02.2023.
Issues
Whether the filing of multiple false criminal complaints by the wife constitutes mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act?
Whether the wife's failure to resume cohabitation after a decree of restitution of conjugal rights entitles the husband to divorce under Section 13(1-A)(ii)?
Submissions/Arguments
Appellant-wife argued that the courts below erred in granting divorce as there was no cruelty or desertion.
Respondent-husband contended that the wife's conduct of filing false cases and desertion caused mental cruelty, and she failed to comply with the restitution decree.
Ratio Decidendi
Filing of multiple false criminal complaints by a spouse against the other and failure to resume cohabitation after a decree of restitution of conjugal rights for over one year constitutes mental cruelty and desertion, providing grounds for divorce under Section 13(1)(i-a) and 13(1-A)(ii) of the Hindu Marriage Act, 1955.
Judgment Excerpts
Being dissatisfied with Judgment and Decree dated 20.02.2023 passed by the learned District Judge, Ambejogai, District Beed in Regular Civil Appeal No. 09/2022 arising out of Judgment and Decree dated 09.12.2021 passed by the learned Civil Judge, S. D., Ambajogai, in H. M. P. No. 80/2017, the Appellant has invoked the jurisdiction of this Court under Section 100 of the Code of Civil Procedure, 1908.
The Petitioner-husband filed H. M. P. No. 80 of 2017 and prayed for decree of divorce against the Respondent/Wife under Section 13 (1) (i-a) and 13 (1-A) (ii) of the Hindu Marriage Act.
Procedural History
The husband filed H.M.P. No. 80/2017 for divorce, which was granted by the Civil Judge, S.D., Ambajogai on 09.12.2021. The wife appealed to the District Judge, Ambejogai in Regular Civil Appeal No. 09/2022, which was dismissed on 20.02.2023. The wife then filed the present second appeal under Section 100 CPC, which was dismissed on 25.04.2024.
Acts & Sections
- Hindu Marriage Act, 1955: Section 13(1)(i-a), Section 13(1-A)(ii)
- Code of Civil Procedure, 1908: Section 100
- Protection of Women from Domestic Violence Act, 2005:
- Indian Penal Code, 1860: Section 354
- Code of Criminal Procedure, 1973: Section 97
