Filing of false complaints resulting in mental trauma constitutes cruelty, entitling the aggrieved party to seek divorce under Section 13(1)(i-a) of the Hindu Marriage Act.

1. By this second appeal, the appellant has impugned the order passed by the Lower Appellate Bench granting reliefs in favour of the respondent in the civil appeal filed by the respondent. The appellant was the original petitioner in Marriage Petition and the respondent herein was the original respondent in the Marriage Petition.

2. On 15th June, 2002, the appellant was married to the respondent in Ganapati Temple, Manor. It was the case of the respondent wife that the appellant and the respondent were already staying together since 1996 and during the period between 1996 and 1999, the appellant had refused the proposal of the respondent to marry her. It was the case of the appellant that the respondent and her brother Mr. Jagdish Patil had come to the house of the appellant and given him Rs.10,000/- and asked him to marry with the respondent which the appellant had refused and had returned the said amount. The respondent filed a case (Regular Case No.203/1999) in Palghar Court under sections 3 and 4 of the Prevention of Dowry Prohibition Act against him.

3. It was the case of the appellant that during the Navratri festival, when the appellant was doing lighting work, respondent abused the respondent in filthy language and filed a case bearing Summary Case No.584/01 under sections 323, 504 and 506 of Indian Penal Code.

4. On 15th June, 2002, the appellant married with the respondent. It was the case of the appellant that though the appellant did not wish to marry the respondent, the respondent had pressurized the appellant that if the appellant did not marry with her, the appellant would be killed and if he would marry her, the respondent would withdraw both the criminal cases. It was the case of the appellant that in view of such pressure, the appellant had consented for the said marriage which was performed on 15th June, 2002 against his wish. On 12th July, 2002 the two criminal cases filed by the respondent were compromised and were withdrawn.

5. On 31st May, 2004, the appellant had filed a complaint against the respondent with the Palghar Police Station. On 4th June, 2004, the respondent filed complaint under sections 498-A read with section 34 of Indian Penal Code against the appellant, his parents and sisters. On 4th June, 2004, the local police station arrested the appellant, his parents and sisters and produced them before the concerned court for bail, the appellant, his parents and sisters were subsequently released on bail. It is the case of the appellant that since 4th June, 2004, the parties have been staying separately. There is no issue out of said wedlock.

6. On 19th July, 2005 the appellant herein filed a petition i.e. Marriage Petition No.52 of 2005 against the respondent wife inter alia praying for divorce on the ground of cruelty and on other grounds. During the pendency of the said marriage petition filed by the appellant herein, a complaint bearing RCC No.193 of 2004 filed by the respondent under section 498-A read with section 34 of Indian Penal Code came to be disposed of on 7th May, 2007.

7. By the said order dated 7th May, 2007, the appellant, his parents and his sisters were acquitted for the offences under section 498-A read with section 34 of Indian Penal Code. The learned Judicial Magistrate, 1st Class held that the prosecution had failed to prove the offence in which the accused were charged.

8. On 31st January, 2008 the learned Civil Judge, Senior Division, Palghar allowed the Marriage Petition No.52 of 2005 filed by the appellant herein against the respondent inter alia praying for decree of divorce. By the said order and judgment dated 31st January, 2008, the learned Civil Judge Senior Division directed that the marriage solemnized between the appellant and the respondent dated 15th June, 2002 was dissolved by decree of divorce under the provisions of Section 13(1)(i-a) of the Hindu Marriage Act from the date of the said order and directed the appellant to pay permanent maintenance of Rs.2,0