False allegations and lodging FIRs can amount to mental cruelty in divorce proceedings under the Hindu Marriage Act.

Judgment :

(Rajani Dubey J.)

1. The present appeal has been filed by the appellant against the judgment and decree dated 21.10.2022 passed by the learned Family Court, Jagdalpur, District Bastar (C.G.) in Civil Suit No.41- A/2021, whereby the respondent’s application seeking divorce has been allowed.

2. Brief facts of the case are that the respondent had filed a civil suit under section 13 (1) of the Hindu Marriage act 1955, for dissolution of the marriage dated 09.07.2018 before the learned Family Court, Bastar against the appellant stating therein that their marriage was performed on 09.07.2018, but after some time of the marriage, she started cruelty upon him and his family members and went to the house of her parents and did not want to reside at respondent’s house. The appellant wife filed her written statement and denied the allegations levelled by the respondent husband. The learned Family Court after appreciating the oral and documentary evidence available on record passed the final judgment on 21.10.2022 and granted decree of divorce in favour of the respondent husband. Hence the present appeal has been filed by the appellant wife.

3. Learned counsel for the appellants submits that the impugned judgment and decree is erroneous in law and facts both and the same is liable to be set aside. The learned Family Court has failed to appreciate the testimony of witnesses and held that appellant has done cruelty with the respondent and his family, whereas there is no pleading in the application under section 13 of Hindu marriage Act in this regard and no evidence whatsoever. The respondent has alleged that the appellant does not want to live with the respondent but during the counseling she herself stated that she wants to live with the respondent, but the learned Family Court has not considered the said aspect of the matter. The learned Family Court has only appreciated the evidence adduced by the respondent and ignored the evidence adduce by the appellant in support of her case. Therefore, the impugned judgment and decree is liable to be set aside.

4. Learned counsel for the respondent supports the impugned judgment and decree passed by the learned Family Court and submits that the learned Family Court has minutely appreciated the oral and documentary evidence available on record and rightly passed the decree of divorce in favour of the respondent. The judgment is well merited and does not call for any interference.

5. Heard learned counsel for the appellant and perused the material available on record.

6. It is clear from the record of the learned Trial Court that the respondent/husband filed application before the learned Family Court under Section 13 (1) of the Hindu Marriage Act for dissolution of marriage dated 09.07.2018 and also he claimed that marriage be declared null and void. The appellant wife in her written statement admitted that both the parties are Hind but she denied pleadings made in the plaint. In the plaint averments, the respondent husband stated that the marriage of both the parties was solemnized on 09.07.2018 and before that engagement was performed on 03.07.2018 but the appellant wife in her written statement denied this pleading and stated that the respondent husband kidnapped her and performed marriage without her consent and at the time of marriage, she was even minor.

7. The learned Trial Court on the basis of pleadings framed following issues:-