2017 Supreme(Bom) 2538
IN THE HIGH COURT OF BOMBAY, NAGPUR BENCH
Vasanti A Naik, V.M. Deshpande, JJ.
Amol Jagganath Ruchke – Appellant
Vs.
Sau. Archana Amol Ruchke – Respondent
Family Court Appeal No. 168 and 169 of 2014
Decided On : 24-03-2017
For the Appellant :A.R. Deshpande, Advocate
For the Respondent:Mr. U.J. Deshpande, Advocate
Headnote:
Cruelty - Hindu Marriage Act - 13(1)(ia) - Summary of Acts and Sections: Hindu Marriage Act, section 13(1)(ia) - The court discussed the allegations of cruelty and false complaints filed by the wife against the husband and his family members under section 498A of the Penal Code. The court highlighted the legal principle that filing false complaints against the spouse and their family members constitutes cruelty under section 13(1)(ia) of the Hindu Marriage Act. The court's decision was influenced by the interpretation of cruelty and the impact of false complaints on the marital relationship.
Fact of the Case:
The husband sought a decree of divorce on the ground of cruelty, alleging that the wife's behavior was not good, she made false statements, demanded ornaments, and filed false complaints against him and his family.
Finding of the Court:
The court found that the wife's filing of false complaints against the husband constituted cruelty, and therefore, granted the husband a decree of divorce.
Issues: (I) Whether the husband proves that the wife had treated him with cruelty? (II) Whether the husband is entitled to a decree of divorce on the ground of cruelty? (III) Whether the wife is entitled to a decree for restitution of conjugal rights? (IV) What order?
Ratio Decidendi: The court held that the act of filing false complaints against the husband and his family members constituted cruelty under section 13(1)(ia) of the Hindu Marriage Act, leading to the grant of a decree of divorce to the husband.
Final Decision: The family court appeals are allowed. The petition filed by the wife for restitution of conjugal rights is dismissed, and the petition filed by the husband for a decree of divorce under section 13(1)(ia) of the Hindu Marriage Act is allowed. The marriage is dissolved by a decree of divorce.
Vasanti A Naik, J.
Since the issues involved in these family court appeals are similar and they arise from the common judgment of the Family Court, dated 05/11/2011, they are heard together and are decided by this common judgment.
2. The appellant in both the family court appeals is the husband, who had instituted proceedings against the respondent wife for a decree of dissolution of marriage under section 13(1)(ia) of the Hindu Marriage Act. The respondent wife had filed proceedings under section 9 of the Hindu Marriage Act for a decree of restitution of conjugal rights. The marriage was solemnized between the parties on 26/06/2005 at Akola, as per Hindu rites and customs. It is pleaded by the husband in the petition filed by him for a decree of divorce that since the inception of the marriage, the behaviour of the wife towards the husband and his mother was not good. It is pleaded that the wife used to avoid doing the domestic work and the mother of the husband was required to do the entire work in the house. It is pleaded that the mother of the husband was suffering from heart and blood pressure problems, however, the wife used to behave arrogantly with the mother. It is pleaded that at the time of the marriage, the wife had falsely stated her birth date to be 22/02/1977 though her date of birth was 30/06/1975. It is stated that whenever the husband enquired about the correct date of birth of the wife, the wife refused to give satisfactory answers and used to pick up quarrel with the husband. It is pleaded that on every festival the wife used to demand new ornaments for herself on the pretext that in her parental home there was a custom to prepare gold ornaments for the woman on every festival. It is pleaded that whenever the husband refused to make gold ornaments for the wife, she used to abuse the husband. It is pleaded that the wife used to pick up quarrel with the husband and his mother without any rhyme or reason. It is pleaded that when the husband informed the father of the wife about her conduct, instead of giving her an understanding, the father of the wife made a telephonic call to the grandfather of the husband, Shri Ramkrushna Gole and threatened him that the husband should mend his ways. It is pleaded that when Shri Ramkrushna Gole and his wife had been to Akola and wanted to visit the father of the wife, he refused to meet them. It is pleaded that in August, 2006, the wife picked up quarrel with the husband and threatened to implicate the husband and his mother in false criminal cases. It is pleaded that the wife not only threatened the husband, but also went to the police station at Akola and lodged a report against the husband and his mother. It is pleaded that when the police found that there was no substance in the report, they did not take any cognizance of the matter. It is pleaded that the wife had apologized for her behaviour and had promised to mend her ways. It is pleaded that the parties again resumed cohabitation after the said incident, but the wife did not mend her ways. It is pleaded that the wife used to give threats to the husband that she would commit suicide and implicate the husband and his relatives in false criminal cases. It is pleaded that the husband had tried to lodge a report against the wife in respect of her threats, but since the police did not make an enquiry in the matter, the wife started harassing the husband to a greater extent. It is pleaded that on 09/04/2007 also, the wife picked up quarrel with the husband and threatened that she would falsely implicate the husband and his mother. It is pleaded that the mother of the husband was required to be admitted to the hospital because of the behaviour of the wife. It is pleaded that on 09/04/2007, the wife, the husband, his mother and grandmother had been to the police station, but the police did not take any cognizance of the matter. It is pleaded that the wife is residing with her parents since 09/04/2007. It is pleaded