Case Note & Summary
The appellant-wife filed a second appeal against the judgment and order of the District Judge-3 and Additional Sessions Judge, Ahmednagar, in Regular Civil Appeal No.18 of 2009, which confirmed the decree of divorce granted by the 2nd Joint Civil Judge (Senior Division), Ahmednagar, in Hindu Marriage Petition No.12 of 2007. The respondent-husband had filed the petition seeking divorce under Section 13(1) of the Hindu Marriage Act, 1955, on the grounds of cruelty and desertion. He contended that the wife, without any sufficient cause, deserted him and subjected him to cruelty by filing a false criminal case against him and his parents under Section 498-A of the Indian Penal Code (IPC) and by filing a proceeding under Section 97 of the Code of Criminal Procedure (CrPC) seeking custody of their minor son Rohan, along with other proceedings. The wife resisted the petition, denying the allegations and making counter allegations that the husband deserted her and the minor son without cause and did not maintain them. She also claimed that their son Rohan had a heart disease by birth and required huge expenses. The trial court, after considering the evidence, granted a decree of divorce in favor of the husband. The wife appealed to the District Court, which dismissed the appeal. In the second appeal, the High Court framed the substantial question of law as to whether the filing of a false criminal case under Section 498-A IPC and a proceeding under Section 97 CrPC by the wife constitutes cruelty under Section 13(1)(ia) of the Act, and whether the wife deserted the husband without reasonable cause. The High Court, after hearing the arguments, held that the wife's acts of filing a false criminal case and a proceeding under Section 97 CrPC amounted to cruelty, and that she had deserted the husband without reasonable cause. The court found no merit in the appeal and dismissed it, confirming the decree of divorce. The court also disposed of the connected civil applications.
Headnote
A) Hindu Marriage Act - Divorce - Cruelty - Section 13(1)(ia) - Filing of false criminal case under Section 498-A IPC against husband and his parents amounts to cruelty - The court held that the wife's act of filing a false criminal case against the husband and his family members, which resulted in their arrest and harassment, constitutes mental cruelty, entitling the husband to a decree of divorce (Paras 2, 10-12). B) Hindu Marriage Act - Divorce - Cruelty - Section 13(1)(ia) - Filing of proceeding under Section 97 CrPC for custody of child without justification amounts to cruelty - The court held that the wife's initiation of a proceeding under Section 97 CrPC seeking custody of the minor son, without any reasonable basis, amounts to cruelty towards the husband (Paras 2, 10-12). C) Hindu Marriage Act - Divorce - Desertion - Section 13(1)(ib) - Wife's departure from matrimonial home without reasonable cause and failure to return despite husband's efforts constitutes desertion - The court held that the wife deserted the husband without any sufficient cause, and the husband proved the ground of desertion (Paras 2, 10-12).
Issue of Consideration
Whether the filing of a false criminal case under Section 498-A IPC and a proceeding under Section 97 CrPC by the wife against the husband and his family members constitutes cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, and whether the wife deserted the husband without reasonable cause.
Final Decision
The High Court dismissed the second appeal, confirming the decree of divorce granted by the trial court and upheld by the first appellate court. The court held that the wife's filing of a false criminal case under Section 498-A IPC and a proceeding under Section 97 CrPC constituted cruelty, and that she deserted the husband without reasonable cause. The connected civil applications were also disposed of.
Law Points
- Filing of false criminal case against spouse and in-laws amounts to cruelty
- Filing of proceeding under Section 97 CrPC for custody of child without basis constitutes cruelty
- Desertion without reasonable cause is ground for divorce
- Burden of proof on petitioner to establish cruelty and desertion
