The court established that wrongful criminal allegations can constitute mental cruelty justifying a divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

Judgment :

Sanjay K. Agrawal, J.

1. Feeling aggrieved and dissatisfied with the judgment & decree dated 17-8-2023 passed by the Judge, Family Court, Dhamtari in Civil Suit No.55A/2022, the appellant herein/plaintiff/husband has preferred this appeal under Section 19(1) of the Family Courts Act, 1984, calling in question the legality, validity and correctness of the same by which his application for divorce on the ground of cruelty and desertion has been rejected by the Family Court, Dhamtari, finding no merit.

2. The aforesaid challenge has been made on the following factual backdrop: -

(For the sake of convenience, parties hereinafter will be referred as per their status shown and ranking given in the civil suit before the Family Court.)

2.1) Marriage of the appellant herein/plaintiff was solemnized with the respondent herein/defendant on 28-4-2009 at Village Piperchedi, District Dhamtari as per the Hindu rites and they were blessed with a daughter namely, Disha on 14-12-2010 and thereafter, again on 9-4-2014, they were blessed with second daughter namely, Harshita. Thereafter, on 10-4-2017, on the basis of report lodged by the defendant/wife, the police registered offence against the plaintiff/husband, his brother Devesh and his mother Laxmi for offence punishable under Section 498A of the IPC under Crime No.125/2017 at Police Station City Kotwali, Dhamtari and after lodging the FIR, the defendant/wife went to her parents’ house and did not return back to her matrimonial home. The jurisdictional criminal court by judgment dated 25-4-2022 (Ex.P-8) acquitted the plaintiff/husband, his brother and his mother of the charge under Section 498A of the IPC in Criminal Case No.460/2017 holding that charge has not been proved beyond reasonable doubt. Thereafter, the plaintiff/husband filed an application for divorce on the ground of cruelty under Section 13(1)(ia) and desertion under Section 13(1) (ib) of the Hindu Marriage Act, 1955 before the Family Court, Dhamtari alleging that false criminal case was instituted against him, his brother and his mother in which they have been acquitted and the defendant/wife is also guilty of desertion.

2.2) The defendant/wife filed her written statement controverting the allegations made in the plaint stating inter alia that she has not committed any cruelty or she is not guilty of desertion, rather the plaintiff/husband is cruel as a result of which she has attempted to commit suicide and she was admitted to hospital, as such, the suit deserves to be dismissed.

2.3) The Family Court, on the basis of material available on record, framed following four issues and arrived at the findings recorded therein:-

2.4) Ultimately, the Family Court, Dhamtari, dismissed the application for divorce holding that after the judgment of acquittal, the defendant/wife preferred appeal before the Court of Sessions questioning the judgment of acquittal and after rejection of the acquittal appeal, criminal revision is pending before this Court.

2.5) In the first round of litigation, this Court by its judgment & decree dated 28-1-2025, allowed the appeal preferred by the plaintiff/husband and granted decree for dissolution of marriage and permanent alimony of Rs. 5,00,000/- to the defendant/wife. The defendant/wife preferred special leave petition before the Hon’ble Supreme Court being SLP (Civil) No.13336/2025 (Sandhya Sahu v. Dharmendra Sahu) in which their Lordships of the Supreme Court while allowing the special leave petition and setting aside the judgment & decree dated 28-1-2025, restored the matter to the file of this Court for consi