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2020 Supreme(Chh) 427
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Manindra Mohan Shrivastava, Vimla Singh Kapoor, JJ.
Shivani Gupta - Appellant
Versus
Piyush Sugandhi - Respondent
First Appeal (M) No. 187 of 2017
Decided On : 10-07-2020
Anshuman Shrivastava, Advocate
The main legal point established is that the lodging of a false criminal case by either spouse constitutes matrimonial cruelty, entitling the other spouse to claim a divorce.
Headnote:
Divorce - Cruelty - Hindu Marriage Act - Section 13, Section 498-A IPC
Fact of the Case:
The appeal is against the judgment and decree of divorce granted to the husband on the ground of cruelty by the Family Court. The husband alleged that the wife subjected him to mental cruelty by quarreling on every issue, lodging false criminal cases, and causing embarrassment and harm to his reputation. The wife denied the allegations and claimed that she was subjected to physical and mental cruelty by the husband.
Finding of the Court:
The Family Court found in favor of the husband, holding that the wife's behavior constituted cruelty, including lodging false criminal cases and misbehavior at the husband's workplace. The court also considered the findings of the Criminal Court, which acquitted the husband, and granted the divorce on the ground of cruelty.
Issues: The issues revolved around the allegations of cruelty by both parties, including quarreling, false criminal cases, and misbehavior at the husband's workplace.
Ratio Decidendi: The court relied on the evidence of misbehavior and threats by the wife, the findings of the Criminal Court, and legal principles related to mental cruelty and false criminal complaints to establish the grounds for granting the divorce.
Final Decision: The appeal was dismissed, upholding the decree of divorce granted to the husband on the ground of cruelty. The court also rejected the wife's claim for an enhanced amount of permanent alimony.
JUDGMENT
Manindra Mohan Shrivastava, J. - None for respondent though served.
2. Though the case was listed for orders on stay, learned counsel for the appellant has finally argued the matter.
3. This appeal is directed against impugned judgment and decree dated 19th July, 2017 passed in Civil Suit No.1-A/2016 by Family Court, Dhamtari whereby the learned Family Court has allowed respondent''s/husband''s application for grant of divorce on the ground of cruelty.
4. Respondent - Piyush Sugandhi filed an application under Section 13 of the Hindu Marriage Act for grant of decree of divorce on the pleadings that marriage of Piyush was solemnized with Shivani on 13.07.2013 and soon after she reached matrimonial house at Baloda Bazar, she started subjecting the husband to torture by indulging in quarrel on every issue and showing no interest to discharge her household obligations. Wife was repeatedly engaged in insisting to visit house of her brother-in-law at Raipur and that was one of the main reason for quarrel between the parties. Aggrieved by quarrelsome behavior resulting in mental cruelty application was filed in the Police Station time and again which led to counselling also. An application for judicial separation was filed on 19.03.2014 at Baloda Bazar but thereafter, he was transferred to Village Chhati and therefore, the application could not be pursued and it was dismissed. It was further pleaded that while he was posted and working at Village Chhati, residing in a lodge therein during that period, wife reached there along with her sister and brother-in-law in his work place in the Bank and indulged in indecent behavior, abuses and threat of life to withdraw the case at Baloda Bazar. He was threatened that he would be involved in false case. In this manner, wife caused serious embarrassment and cruelty so much so that husband had to again report the matter to the Police Station. It was also pleaded that appellant''s two wheeler was also forcefully taken away. Husband also filed a criminal complaint before the Magistrate on the allegation of commission of offence under Section 294 and 506 IPC. It was further pleaded that when husband''s mother had come to Baloda Bazar to reside with his son, there also, wife misbehaved and manhandled which matter was also reported in the Police Station. For all these reasons, the husband suffered cruelty. A false criminal case was registered against him alleging commission of offence under Section 498-A IPC which ended in acquittal vide judgment dated 24.07.2015. Because of the quarrelsome behavior of the wife, the respondent/husband was ousted from the lodge where he was residing and thereafter another house which was taken on rent, from there also, the landlord evicted the respondent because of the quarrelsome behavior of the wife. Lastly, it was pleaded that since 02.05.2014 the wife is residing separately and there has been no cohabitation also between the parties. On such pleadings decree of divorce was sought.
5. On the other hand, non-applicant/wife opposed the application and denied all the allegations levelled against her. She pleaded in her reply that the husband was subjecting her to physical and mental cruelty probably for the reason that he did not want to stay with her. It was also pleaded that though number of complaints were made in the Police Station against the wife by the husband, but no case was registered. It was pleaded that in the counselling, the husband was advised to take the wife back to the matrimonial house. It was further pleaded that aggrieved by cruel treatment, wife even attempted to commit suicide by consuming sulfuric acid on 12.12.2013, however, due to treatment she was saved. According to the wife, she was never accorded proper treatment as wife.
6. On the basis of the pleadings of the parties, learned Family Court framed following 3 issues :-
7. After allowing the parties to lead oral and documentary evidence, learned Family Court recorded finding on ea
