The totality of a spouse's behavior, including false complaints, interference in the other spouse's professional life, and unsubstantiated allegations, can establish mental cruelty under the Hindu Marriage Act.

DEEPA SHARMA, J.

1. In the present appeal the respondent-wife challenges an order dated 13.12.2001 of the Delhi District Court, which dissolved the marriage of the parties on the ground of cruelty. The parties to the dispute were married on 24.12.1975 at Meerut and they were blessed with two children in the year 1976 and 1983. The petitioner/husband at the time of filing of the divorce petition was employed with the Central Reserve Police Force (CRPF) as a Commandant. The divorce petition, which was initially filed before the Family Court, Meerut, was transferred to Delhi by an order, dated 28.03.2000 of the Supreme Court.

2. The petitioner/husband alleged that he and his family members were treated with cruelty by his wife (the appellant); she did not like his family members visiting their house, did not like his father to reside with them and that she was abusive towards him and all other family members. The husband alleged further that the wife had humiliated his father on several occasions and further, insulted and abused him as well in the presence of his family members, members of his staff, his superior officers and servants on several occasions and had also leveled false allegations against his character. He alleged that despite his requests, she did not correct herself, continued with the same abusive and insulting attitude and further used to threaten to commit suicide and involve him and his family members in false cases. It was alleged that the wife was acting at the instance of her mother, sister Indra Singh and brother in law Satbir Singh, who used to interfere in the matrimonial affairs of the parties, against the husband’s wishes.

3. The husband alleged that in March, 1996 the wife had called certain bad characters into the matrimonial home, who threatened to kill him. In addition, she had filed several false complaints against him including the complaint to the Executive Magistrate under Sections 107/111 Cr.P.C. on 13.04.1989, to the CRPF, (leading to his transfer several times-which had adversely affected his career prospects). On one of such complaint led to his transfer from Jammu to Assam -this had also caused mental agony to him. It was alleged that newspapers, published reports of his wife’s involvement in criminal cases, which affected his reputation in the eyes of his colleagues, friends and staff. The wife and their son Vikram were involved in criminal cases under Sections 363/366 I.P.C. and an FIR was registered for kidnapping of a minor girl on 04.07.1996. The wife was also involved in other criminal cases under Sections 448/504/506/34 IPC. The wife did not allow his brother to stay in the house. She also withdrew herself from his company and stopped having any relation with him. It was alleged that her behavior had caused severe mental pain and agony and that he could not live with her as he was apprehensive of his life and felt unsafe.

4. The appellant in her written statement had controverted all the allegations in the husband’s petition. She alleged that he had deserted her and the children since he developed intimacy with a Kashmiri family and had emotions for a woman in that family. It was alleged that the husband was not adequately providing for their daily necessities. She did not deny however, objecting to the stay of the husband’s brother in their house but justified it alleging that the brother was involved in a murder case and she did not felt safe with him. She also denied that the petitioner/husband was transferred from Jammu to Assam on her complaint and alleged that in fact she had requested the higher officers for the transfer of him to Delhi and not elsewhere. It is submitted that she and her son were falsely implicated in the kidnapping of the minor girl.

5. In the replication the petitioner/husband had reiterated all his contentions and had further stated that in the year 1993 his father came to Delhi to stay with him but due to the appellant/wife’s aggressive behavior he ha