GOUTAM BHADURI, DEEPAK KUMAR TIWARI
Dheerendra Kumar Dwivedi, S/o. L. P. Dwivedi – Appellant
Versus
Manju Dwivedi, W/o. Dheerendra Kumar – Respondent
Based on the provided legal document, the key points are as follows:
The marriage was solemnized on 24-2-2011, and the wife delivered a baby girl on 14-12-2011. The wife has been living separately since 14-11-2011, which is a significant period of separation (!) (!) .
The husband sought a divorce on the grounds of cruelty and desertion, alleging that the wife created pressure to live separately, made false accusations, and filed multiple complaints and cases against him and his family. The wife denied these allegations and claimed harassment for dowry (!) (!) .
The wife filed various complaints under different legal provisions, including domestic violence and criminal cases under Section 498-A IPC, which were ultimately dismissed or resulted in acquittals. Despite this, the litigation and allegations continued for several years (!) (!) .
The court observed that the wife made reckless, defamatory, and false accusations against her husband and his family, which caused mental cruelty. The conduct of filing false complaints and accusations, especially after criminal trials resulted in acquittals, was deemed to amount to mental cruelty (!) (!) .
The court emphasized that cruelty in matrimonial cases is a broad and fact-specific concept, including conduct that causes deep mental anguish. In this case, the persistent false accusations and litigation by the wife were found to constitute mental cruelty justifying the grant of a decree of divorce (!) (!) .
The court noted that the wife’s conduct, including her refusal to reconcile, her filing of false complaints, and her continued litigation, demonstrated a pattern of mental cruelty. This conduct justified the husband's entitlement to a divorce (!) (!) .
The appellate court found that the Family Court's earlier decision dismissing the husband's divorce petition was not justified, given the evidence of ongoing false allegations and mental cruelty. Therefore, the appellate court set aside the Family Court's judgment and decreed the divorce, dissolving the marriage (!) (!) .
The court clarified that mere lodging of complaints or FIRs is not necessarily cruelty, but false allegations and the manner in which they are made can amount to cruelty, especially when they are proven to be false and have caused significant mental distress (!) (!) .
The decision underscores that ongoing litigation, false accusations, and conduct that causes mental anguish over a prolonged period can justify divorce under the grounds of cruelty and desertion (!) (!) .
The appeal was allowed, the marriage was dissolved, and each party was ordered to bear their own costs (!) (!) .
These points collectively reflect the court's reasoning that persistent false accusations, false complaints, and the resulting mental cruelty justify the grant of a divorce in this case.
JUDGMENT :
(Deepak Kumar Tiwari, J.) :
1. Challenge in this appeal is to the judgment & decree dated 15-6-2022 passed by the Judge, Family Court, Korba, in civil suit No.142-A/2019 whereby the application preferred by the appellant/husband for grant of decree of divorce was dismissed. The husband is in appeal before this Court.
2. (i) The facts of the case, in brief, are that the parties were married on 24-2-2011. It has been alleged by the husband that on the next day of marriage his parents and his younger brother went to Raipur. At that time his father was posted at Raipur. They stayed at Raipur till 30-10-2011 and thereafter, they came back to Korba on 1-11-2011. The husband further contended that after the marriage the wife is not cooperating in the household works and creating pressure to live separately. She always used to humiliate the husband and asked him to send his sexagenarian parents to the old age home. The wife is also not willing to stay at paternal village Baismuda, District Janjgir. After retirement when his parents are residing with him, the wife became annoyed and used to quarrel and without any rhyme or reason she always used to go to her maternal house, which is
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