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1996 Supreme(Cal) 279

High Court Of Calcutta
Gitesh Ranjan Bhattacharjee, Devendra Kumar Jain
SUKHDEV KAUR - Appellant
Versus
RAVINDER SINGH GREWAL - Respondent
F. A.  255  Of  1992
Decided On : 07/18/1996

Advocates Appeared:
ASHIS BAGCHI, SUBHRO KAMAL MUKHERJEE, TAPAN CHAKRABORTY

Headnote:

HINDU MARRIAGE ACT, 1955 - SECTION 13(1)(IA) - GROUNDS FOR DIVORCE - CRUELTY - UNSUBSTANTIATED ALLEGATIONS OF CHEATING, CRIMINAL BREACH OF TRUST AND CRIMINAL MISAPPROPRIATION AGAINST HUSBAND OR HIS MOTHER - FILING OF CRIMINAL CASE ON SUCH UNSUBSTANTIATED ALLEGATIONS - CONSTITUTES CRUELTY ON THE PART OF THE WIFE.

Fact of the Case:

Husband filed a petition for divorce on the grounds of desertion and cruelty. The wife denied the allegations and stated that the husband resigned from the service in Security Force as well as from the post of Security Officer of the private company, of his own accord and the wife had no role in the matter. The learned Trial Court granted the decree of divorce on the ground of cruelty committed by the wife. The wife made allegations against the petitioner-husband and his mother that they were entrusted with the entire stock of gold and stone set gold ornaments of the wife worth Rs. 50,000/- and they had committed breach of trust in respect of the gold ornaments and the mother of the husband had misappropriated the silver wares and they committed offence of cheating punishable under Section 420, I. P. C. and criminal breach of trust punishable under Section 406, I. P. C. and criminal misappropriation punishable under Section 403, I. P. C.

Finding of the Court:

The Court held that the allegations of cheating, criminal breach of trust or criminal mis- appropriation against husband or against the mother of the husband and filing of criminal case on such unsubstantiated allegations would no doubt constitute cruelty on the part of the wife. Filing of a criminal case even against the mother of the husband on unsubstantiated allegation that she was also guilty of the offences punishable under Sections 406, 403 and 420, I. P. C. amounts to an act of cruelty on the part of the wife against the husband inasmuch as the husband is sure to suffer mental pain and anguish to find that even his mother was also made an accused in the criminal case on unsubstantiated allegations of offences like criminal breach of trust, criminal misappropriation and cheating. The Court also held that the wife failed to prove any of those allegations either before the learned S. DJ. M. , Barrackpore or before the learned Trial Court and that such unsubstantiated allegations constitute cruelty on the part of the wife for which the husband is entitled to a decree of divorce.

Issues: Whether the allegations of cheating, criminal breach of trust or criminal mis- appropriation against husband or against the mother of the husband and filing of criminal case on such unsubstantiated allegations would constitute cruelty on the part of the wife.

Ratio Decidendi: Unsubstantiated allegations of cheating, criminal breach of trust or criminal misappropriation against husband or against the mother of the husband and filing of criminal case on such unsubstantiated allegations would no doubt constitute cruelty on the part of the wife. Filing of a criminal case even against the mother of the husband on unsubstantiated allegation that she was also guilty of the offences punishable under Sections 406, 403 and 420, I. P. C. amounts to an act of cruelty on the part of the wife against the husband inasmuch as the husband is sure to suffer mental pain and anguish to find that even his mother was also made an accused in the criminal case on unsubstantiated allegations of offences like criminal breach of trust, criminal misappropriation and cheating.

Final Decision: Appeal dismissed. Decree of divorce granted by the Trial Court affirmed.

GITESH RANJAN BHATTACHARJEE, J.

( 1 ) THIS is an appeal against the judgment and order dated the 22nd February, 1991 in Matrimonial Suit No. 6/1985 passed by the learned Additional District Judge, 11th Court, Alipore, granting decree of divorce under the Hindu Marriage Act, 1955 in favour of the petitioner- husband and against the wife on the ground of cruelty of the wife. The husband who is respondent herein filed the suit for divorce on the ground of desertion and cruelty. The parties are Sikh by religion and are governed by the Hindu Marriage Act, 1955. They were married according to Sikh rites and ceremonies on or about 23rd January, 1970 at 2/3a, Panditiya Road, Calcutta-29. Their marriage was consummated and two sons were born in that wedlock, - one on 28th May, 1972 and the other on 17th September, 1974. Both the sons however have, by now, crossed their minority and have attained majority. At the time of the marriage the petitioner was in service in the Security Force as an Assistant Company Commander. It was a negotiated marriage.

( 2 ) IT is the case of the petitioner-husband that after the marriage, the petitioner returned to the place of his posting at Doomdooma (Assam) and the wife refused to accompany him on several pleas and ultimately she went there, but she stayed there only for a period of two months and that as she did not like the service of the petitioner in the Force the petitioner-husband resigned from the Security Force in 1971 and took up civilian life, and came down to Calcutta and started living with his parents at 95a, Bangur Avenue, but as the wife maintained that she disliked living with in-laws and she did not live with the petitioner at his parents place for more than a week at a stretch; the petitioner joined the Western Indian Match Co. Ltd. as Security Officer in August, 1971 and was allotted residential quarters in the factory premises, but the wife had the idea that the job of a Security Officer was a job of Darwan and a sophisticated lady could not live in the Darwan's quarters; that however due to earnest request of the petitioner, the wife lived in the said quarters for a few days on occasions at intervals when she conceived for the first time after more than a year of the marriage; that in 1973 the wife joined B. Ed. Course at Shri Shikshayatan against the wishes of the petitioner and on the plea that the college was near her parents' house she lived mostly with her parents and she neglected her household and partial duties and lived with the petitioner rarely and also almost always, the petitioner had to cook and do domestic chores and she even did not allow the petitioner to spend nights in her parents' house; that as the wife did not like the petitioner's service as a Security Officer he resigned from the job in December, 1973 and rented a separate flat at 112, Bangur Avenue as the wife did not like to live with the in-laws; that the wife lived in the rented flat on rare occasions and by that time she conceived again and later in July, 1974 she left for her parent's place on health ground and during her pregnancy and even after the confinement the wife refused to come and live with the petitioner; that she took up a job of teacher against the wishes of the petitioner and that became an additional plea for her to refuse to come back; that the petitioner had in the meantime started a transport business and his avocation did not leave for him enough time to cook his own food, that the wife always misbehaved with the petitioner and she always used to say that she was not married to serve the petitioner's parents and she habitually insulted the petitioner as being an army brute; that the wife is a westernised lady with individualistic tastes and she hated living a docile domestic life confined within four walls, cooking food and. . . . for the family; that after the child birth the respondent persistently refused access to the petitioner and she was living with her parents and refused to














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