Case Note & Summary
The appellant-wife, Smt. K. C. Saritha, filed an appeal under Section 19(4)(1) of the Family Courts Act, 1984, challenging the judgment and decree dated 30th July 2013 passed by the Family Court, Bellary, in Matrimonial Case No. 68/2013, which granted a decree of dissolution of marriage on the ground of cruelty under Section 13(1)(i) of the Hindu Marriage Act, 1955. The marriage between the parties was performed on 07.07.1991. The respondent-husband, A. N. Vijayakumar, filed the petition for divorce alleging that the wife subjected him to cruelty by filing false criminal complaints and making unfounded allegations against him and his family members. The Family Court allowed the petition, leading to the present appeal. The High Court, after hearing the parties, found that the wife's conduct of filing false complaints and making baseless allegations amounted to mental cruelty, which is a valid ground for divorce under Section 13(1)(i) of the Hindu Marriage Act. The court noted that the allegations made by the wife were not proved and were intended to harass the husband. The High Court dismissed the appeal, upholding the decree of divorce. The court held that the Family Court had correctly appreciated the evidence and that no interference was warranted.
Headnote
A) Family Law - Divorce - Cruelty - Section 13(1)(i) of the Hindu Marriage Act, 1955 - Mental Cruelty - The appellant-wife challenged the decree of divorce granted on ground of cruelty. The High Court held that the wife's conduct of filing false criminal complaints and making unfounded allegations against the husband and his family members constituted mental cruelty, warranting dissolution of marriage. The court upheld the Family Court's decision, dismissing the appeal. (Paras 1-10)
Issue of Consideration
Whether the Family Court was justified in granting decree of divorce on the ground of cruelty under Section 13(1)(i) of the Hindu Marriage Act, 1955.
Final Decision
The High Court dismissed the appeal, upholding the decree of divorce granted by the Family Court.
Law Points
- Cruelty under Section 13(1)(i) of Hindu Marriage Act
- 1955 includes mental cruelty
- filing false criminal complaints and making unfounded allegations against spouse amounts to cruelty
- conduct of parties to be assessed cumulatively.
