The Punjab and Haryana High Courts has recently ruled that if a wife is bent upon destroying the career and reputation of her estranged husband by making complaints against him to his seniors, it would amount to mental cruelty and he would be entitled to a divorce.
A division bench of Justice Ritu Bahri and Justice Ashok Kumar Verma of the HC, thus observed, while hearing a plea filed by an Indian Air Force (IAF) personnel to divorce his wife, who was living separately since 2002.
The HC also observed that in order to make out a case of mental cruelty, “no uniform standard can be laid down and each case will have to decided, on its own facts and circumstances.”
“The conduct of the respondent wife in filing a complaint making unfounded, indecent and defamatory allegations against her husband and parents-in-law indicates that she made all attempts to ensure that appellant and his parents are put in jail and the appellant is removed from his job. We have no manner of doubt that this conduct of respondent wife has caused mental cruelty to the appellant-husband.”
The court accepted the husband’s plea for divorce and said that “the issue for consideration in the present appeal would be whether the relationship of the husband and wife has come to an end and if the respondent wife is not ready to give mutual divorce to the appellant husband, whether this act of her, would amount to cruelty towards husband, keeping in view the fact that she is not staying with her husband for the last twenty years and there is no scope that they can cohabit as husband and wife again.”
The couple got married in 1998. One son was born in 1999 out of wedlock and they lived together till 2002. However, in they year 2002, the woman deserted her husband and left him alone and since then she had not returned to the matrimonial home. It was alleged that despite getting love and affection from her husband, the wife failed to discharge her matrimonial duties and obligations and rather, she had ill-treated and mal-treated the appellant causing physical and mental cruelty to him.
The husband filed a divorce petition in 2006 but he withdrew the petition after the wife decided to join his company. However, despite withdrawal of divorce plea, she had not withdrawn any complaint made against him before the IAF authorities.
The wife even loaded an FIR against the appellant-husband and his parents in 2010 under Sections 498-A, 406, 313, 323 and 506 IPC. During the investigation, the parents of the appellant were found innocent, however, the appellant had to face the trials for about 4.5 years. He was acquitted of the charges as the allegations levered by the respondent against the appellant were found to be false.
After being acquitted, the husband filed divorce on ground of cruelty and desertion but the same was dismissed by the district court of Rohtak. However, the wife of the appellant objected to the allegations and argued that her husband treated her like a slave and questioned her character.
The husband in his divorce plea alleged that his wife had made complaints to his senior officers in the Air Force, which caused him great mental stress and also affected his career. He also added that because of her false allegations he along with her family members had to face criminal trials in a case of harassment for dowry and related charges but the court dismissed the case as the allegations were false.
The court observed that the respondent-wife was bent upon destroying the career and reputation of the appellant-husband as she made complaint against him to his senior officers in the Air Force.
“The conduct of the respondent-wife in filing a complaint making unfounded, indecent and defamatory allegations against her husband and parents-in-law indicates that she made all attempts to ensure that appellant and his parents are put in jail and the appellant is removed from his job. We have no manner of doubt that this conduct of respondent-wife has caused mental cruelty to the appellant-husband.”
The judgement passed by the District court of Rohtak was set aside by the High court and the plea to file divorce was allowed accordingly in favour of the appellant-husband. However, the court directed the husband to make an FD of Rs. 20 lakhs as permanent alimony in the name of his wife.