Important Point – False allegations of infidelity of spouse causes mental agony.

S.RAVINDRA BHAT, J.

1. This appeal under Section 19 of the Family Courts Act, 1984 is directed against the judgment dated 25.07.2015 passed by the Principal Judge, Family Courts, Karkardooma Court, whereby a husband’s (respondent herein) petition for divorce under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act”), was allowed and the marriage between the parties was dissolved.

2. The facts relevant to decide the case are that the marriage of the parties was solemnized on 08.05.2007 at Delhi. The wife (appellant herein) claims that her parents spent Rs. 3,00,000/- towards marriage expenses and that the dowry articles demanded by the husband were also given. The husband, however denies having demanded any dowry and also maintains that the marriage was a simple affair, held in a Dharamshala, namely, Shiv Mandir Dharamshala. The marriage was duly consummated, though no issue was born out of the wedlock. It is not disputed that on 09.05.2007, the newlyweds started residing in the husband’s brother’s home. Owing to continuous disagreements, however, the parties shifted to a rented accommodation. The husband has a speaking disability and apparently stutters. He alleged- in the divorce proceeding that the appellant used to constantly ridicule him for his speaking disability, even in the presence of outsiders and outside the privacy of their home.

3. Police complaints were filed by the husband before Farsh Bazar, and Seelampur, Police Stations on 30.06.2007 and on 31.08.2007 respectively in which he alleged that the appellant had been threatening to commit suicide. The husband alleged that on account of the appellant’s quarrelsome nature, his family was constrained to disown him and his wife and they even issued a public notice in the Dainik Jagran Daily on 31.08.2007.It was stated that when the parties lived together in the rented accommodation, the relationship was acrimonious due to the wife’s conduct. The acrimony was to such extent that it caused annoyance to the neighbours, disturbing the peace in the area to such an extent that the parties were forced to change their residence several times. The husband also alleged that the appellant on 20.09.2007 had left for her parental home and thereafter came back after 2-3 days without the Stridhan articles or jewellery. The relationship between the parties further deteriorated and finally, on 05.09.2008, the appellant left the matrimonial home never to return.

4. The husband further alleged that the appellant had made numerous false complaints against him, his brothers and their wives and that even his employer was not spared. He submits that his services were terminated after the appellant created a scene at his workplace. His employer later on issued a letter to him indicating his willingness to re-employ him provided his wife gave a letter of assurance that she would not go to his workplace and create or cause any sort of disturbances. The husband relied on these materials in the divorce proceedings; he also relied on the numerous police complaints made to the PCR (police control room) to say that without rhyme or reason, the wife freely resorted to such complaints to intimidate him.

5. The wife admitted to moving complaints against the respondent and his family members. She nevertheless denied having filed complaints against the husband’s employer. Her defense in the divorce proceeding was that it was at the instance of the husband that his employer had issued the letter terminating him from employment and also later, the subsequent letter indicating willingness to re-employ the respondent. The wife also urged that it was she and not the respondent who was the victim, as it was she who had been subjected to physical and mental cruelty. The appellant also asserted that she had always been a duty-bound wife committed to her marriage with the respondent. Her further case is that the husband, with his family members tried every possible tacti