Case Note & Summary
The appellant husband and respondent wife were married on 12 November 2001. Soon after marriage, disputes arose between them. The wife filed a criminal complaint against the husband and his family members at Pimpri Police Station for offences punishable under Sections 498A, 323, 504 read with Section 34 of the Indian Penal Code. The husband filed a petition for divorce in the District Court, Pune, on the ground of cruelty, contending that the wife had filed a false complaint against him and his family members. The Trial Court (District Judge-4, Pune) dismissed the divorce petition by judgment and order dated 7 September 2006. Aggrieved, the husband filed the present Family Court Appeal before the Bombay High Court. The husband's counsel argued that this Court has consistently held that if a criminal complaint filed by the wife under Section 498A IPC is dismissed, an inference can be drawn that the complaint was false, and the filing of a false complaint constitutes cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1956. Reliance was placed on a Division Bench judgment of this Court in Family Court Appeal No. 158 of 2008 decided on 6 May 2010. The High Court perused the judgment of the Judicial Magistrate, First Class, Pimpri, in C.C. No. 1175 of 2003, which dismissed the criminal complaint. The Court agreed with the appellant's submission and held that the dismissal of the criminal complaint leads to an inference that it was false, and the filing of a false complaint amounts to cruelty. Accordingly, the Court allowed the appeal, set aside the Trial Court's order, and granted a decree of divorce in favor of the husband.
Headnote
A) Hindu Marriage Act - Divorce - Cruelty - Section 13(1)(ia) - False Criminal Complaint - The husband filed for divorce on ground of cruelty after wife filed a criminal complaint under Sections 498A, 323, 504 r/w 34 IPC, which was dismissed. The Court held that dismissal of the complaint leads to inference that it was false, and filing a false complaint constitutes cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1956. The Court allowed the appeal and granted divorce. (Paras 1-7)
Issue of Consideration
Whether the filing of a false criminal complaint by the wife against the husband and his family members constitutes cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1956, entitling the husband to a decree of divorce.
Final Decision
Appeal allowed. Judgment and order dated 7.9.2006 passed by District Judge-4, Pune, dismissing divorce petition, set aside. Decree of divorce granted in favor of appellant husband.
Law Points
- Filing of false criminal complaint by spouse constitutes cruelty under Hindu Marriage Act
- 1956
- Section 13(1)(ia)
- Dismissal of criminal complaint can lead to inference of false complaint
- Inference of cruelty can be drawn from filing of false complaint
