Mental cruelty established through reckless allegations constitutes valid grounds for divorce under the Hindu Marriage Act.

JUDGMENT :

Rajani Dubey, J.

1. This appeal has been filed by the appellant/husband assailing the judgment and decree dated 29.11.2023 passed by the learned Third Additional Principal Judge, Family Court, Durg (C.G.) in Civil Suit No. 13/2020, whereby the learned Family Court dismissed the application filed by the plaintiff/husband under Section 13(1)(i- a) of the Hindu Marriage Act, 1955. For the sake of convenience, the parties shall be referred to in this appeal as they were before the learned Family Court.

2. Before the learned trial Court, it is an admitted fact that the marriage between the appellant and the respondent was solemnized on 06.07.2008 in District Raigarh (Chhattisgarh) as per Hindu customs.

3. Applicant/husband filed application under Section 13(1) (i a) of Hindu Marriage Act seeking decree of divorce before the Family Court on the ground that the applicant and non-applicant were married on 6^th July 2008, according to Hindu customs. They initially lived together, but disputes arose shortly after their honeymoon in Himachal Pradesh, where the non-applicant behaved rudely over trivial matters, including disagreements about purchasing gifts for their mothers. Despite requests, the non-applicant refused to live with the applicant in a rented house and insisted on staying with her parents in Bhilai. She taunted the applicant for his inability to make decisions, despite his MBBS degree, causing him mental trauma. She also frequently criticized him and refused to live with him, further causing distress. The non-applicant continued to show disregard for marital traditions, including not applying sindoor or wearing a mangalsutra. She also suffered from nocturnal enuresis, which she refused to seek medical treatment for, causing further distress to the applicant.

In December 2009, during the applicant's assignment at a hospital in Tamnar, the non-applicant suspected him of infidelity, accusing him of having an affair. This led to an incident where she attempted to strangle him, leaving marks on his neck. Despite family intervention, the non-applicant’s behavior continued to be abusive. In 2010, the applicant moved to Bhilai and made further attempts to reconcile. However, the non-applicant continued to show indifference to family matters, such as refusing to accompany the applicant to his uncle's funeral. Additionally, she made false accusations against him and humiliated him in front of family and friends. In May 2014, the non-applicant attacked the applicant with a kitchen knife, accusing him of an affair. After this incident, the applicant moved out and resided separately. The non-applicant refused to allow him to meet their daughter and alienated her from him.

Despite several efforts to mediate and resolve the marital disputes through family meetings, the non-applicant refused to reconcile and continued her abusive behavior, leading to the conclusion that a future marital life was untenable. The applicant claims that the non-applicant has been living separately without valid reason since 11^th May 2014 and has treated him with cruelty, making it impossible for them to continue living together. Therefore, it is prayed that the application filed by the applicant may be allowed.

4. In her written statement, the non-applicant/wife denies all material allegations except admitted facts and asserts that the applicant has concealed his correct address. She states that the applicant has been residing in Raigarh and is not employed at Lal Bahadur Shastri Hospital, Durg, whereas she is employed at a hospital in Sector-09, Bhilai. She alleges that the applicant is temperamental, secretive, and has deliberately humiliated her. During the