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2011 Supreme(Cal) 522
High Court of Calcutta
Amit Talukdar, M.K. Chaudhuri, JJ.
Palash Chandra Karan – Appellant
Versus
Sujata Karan – Respondent
F.A. No. 239 of 2007
Decided on : Apr 11, 2011
S.K. Mal, B. Das, Malay Kr. Dhar
The acquittal of a person in a criminal case does not automatically prove the falsity of the allegations made in the case. The burden of proving the falsity of allegations made in a criminal case lies on the person who is seeking to rely on the acquittal as evidence.
Headnote:
HINDU MARRIAGE ACT - DIVORCE - CRUELTY - MENTAL CRUELTY - SUFFICIENT PROOF REQUIRED - ACQUITTAL IN CRIMINAL CASE NOT CONCLUSIVE EVIDENCE OF FALSITY OF ALLEGATIONS - BURDEN ON HUSBAND TO PROVE FALSITY OF ALLEGATIONS - FAILURE TO PROVE CRUELTY - DISMISSAL OF SUIT JUSTIFIED.
Fact of the Case:
Husband filed a suit for divorce on the grounds of desertion and cruelty. The wife contested the suit and denied the allegations. The trial court dismissed the suit. The husband appealed.
Finding of the Court:
1. The husband failed to prove the allegation of desertion as the statutory time limit of two years had not been satisfied. 2. The husband failed to prove the allegation of physical cruelty. 3. The husband failed to prove the allegation of mental cruelty. The wife's allegation that she was suffering from schizophrenia and insomnia was not supported by any cogent evidence. The husband's allegation that the wife refused to have sexual intercourse with him was not corroborated by other witnesses. 4. The husband's allegation that the wife was eccentric and used to misbehave with him and his family members was not supported by any cogent evidence. 5. The acquittal of the husband in a criminal case filed by the wife for cruelty was not conclusive evidence of the falsity of the allegations. The burden was on the husband to prove the falsity of the allegations. 6. The husband failed to prove that the allegations in the criminal case were false and baseless. 7. The wife was willing to live with the husband provided he behaved well. 8. The husband did not plead the ground of irretrievable breakdown of marriage.
Issues: 1. Whether the husband has been able to prove his case of desertion and cruelty against the respondent? 2. Whether the judgment and order of acquittal of G.R. Case No. 227 of 2004 in isolation has any bearing to prove the allegation of cruelty in this Matrimonial Suit? 3. Whether the learned trial Court was justified in dismissing the Matrimonial Suit?
Ratio Decidendi: 1. Cruelty, whether physical or mental, must be proved by cogent evidence. 2. Mental cruelty is a state of mind and feeling caused by the behaviour or behavioural pattern of one spouse towards the other. 3. The inference of mental cruelty must be drawn from the attending facts and circumstances taken cumulatively. 4. An isolated instance of behaviour cannot be taken as conclusive evidence of mental cruelty. 5. The acquittal of a person in a criminal case does not automatically prove the falsity of the allegations made in the case. 6. The burden of proving the falsity of allegations made in a criminal case lies on the person who is seeking to rely on the acquittal as evidence.
Final Decision: The appeal was dismissed without any cost.
Dr. Chaudhuri, J.
1. THIS appeal is preferred against the judgment and order dated 04.04.2007 passed by learned Additional District Judge, Contai, District Purba Medinipur in Matrimonial Suit No. 105 of 2007. The appellant case, in short, is that he married the respondent on 09.12.2002 as per Hindu rites and rituals. The said marriage was registered under Hindu Marriage Act on 30.12.2002. After marriage, the respondent lived with the appellant as husband and wife and the marriage was, therefore, consummated. The appellant, at the relevant time, worked as a sergeant in Indian Airforce and retired therefrom on 28.02.2003. The respondent/wife was an Assistant Teacher in Ramnagar Girls High School. The appellant/husband's case is that the respondent/wife is an eccentric lady suffering from Schizophrenia and Insomnia. She used to misbehave with the appellant and rebuke him in filthy language. She was a lady of low temperament and does not like to lead conjugal life. She did not share the bed with the appellant at the matrimonial home. She used to exhibit arrogant attitude and behaviour. She was at all times in a mood of assaulting and threatening him to put him in prison by lodging false cases. The unnatural behaviour of the respondent has caused damage to life, body and limb of the appellant and blighted the mental peace of the appellant. She was about to assault the appellant. The appellant was treated with cruelty and she was not willing to reside with the appellant. She has been residing in the house of her father since 13.04.04 without consent of the appellant. She passed sleepless night and refused to go to the doctor's chamber being accompanied with the appellant for the purpose of her treatment.
2. BY amending the plaint the appellant has stated further that respondent filed a Criminal Case under Section 498A/327/384/34 of I.P.C. being G.R. Case No. 227 of 2004 in the Court of learned A.C.J.M., Contai. In the said Criminal Case she falsely alleged about physical torture and assault by the appellant and his in-laws. Such false allegation in the Criminal Case shattered the mental peace of the appellant. The appellant went to the house of the father of respondent on 16.04.04, but she refused to return. The respondent refused to live with the appellant as husband and wife and she, therefore, deserted the appellant. She used to go out from the house of the appellant without informing the appellant or his family members. The appellant lodged a diary to the O.C. of Digha P.S. on 11.07.2003 vide G.D.E. No. 312 dated 11.07.2003. The whimsical and unbecoming behaviour of the respondent created tension and disturbed the mental peace. From the very beginning of the marriage she refused to have sexual intercourse for the reason best known to her. She did not attend or take part in any social occasion and used to keep secrecy in the matter of earning money and used to rebuke the appellant to the extent that he is not fit for her husband. She used to go to her father's house with lame excuse and with an expression of her rude, arrogant and challenging attitude without caring for her husband even at the time of his illness. The appellant belongs to the family of social repute as his father and brothers are teachers and they are highly qualified. The appellant instituted this Matrimonial Suit praying for a decree of divorce on the ground of desertion and cruelty.
The respondent contested the said suit by filing written statement and denying all the material allegations. According to respondent, she was treated with cruelty and tortured by the appellant and her in-laws since after the marriage. She is M.Sc. B.Ed. and working as an Assistant Teacher at Ramnagar Girls High School since before her marriage with the appellant. The father of the respondent gave a sum of rupees 50,000/- in cash along with ornaments and articles as per demand of the appellant at the time of marriage. The appellant is addicted to drinking liquor. He insisted t
