The judgment establishes that making false and defamatory allegations against a spouse, causing mental agony, and proving irretrievable breakdown of marriage can be grounds for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

JUDGMENT :

G.S. SISTANI, J.

1. The present appeal has been filed under Section 19 of the Family Courts Act, 1984 against the judgment dated 07.04.2018 passed by the Family Court by which the petition filed by the appellant/husband seeking divorce under Section 13(1)(i) and (ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘HMA’) was dismissed.

2. The necessary facts to be noticed for the disposal of the present appeal are that the marriage between the parties was solemnized on 30.10.1990, at Rajasthan, as per Hindu rites and ceremonies. Two daughters were born from the said wedlock, who are staying with their mother/respondent herein after separation. As per the divorce petition filed by the appellant/husband, the parties are living separately since 01.06.2001. As per the cross-examination of respondent/wife, she is staying separately since 2002. A petition under Section 9 of HMA was filed by the appellant/husband on 24.09.2001. Subsequently, another petition under Section 9 of HMA was filed by the respondent/wife on 25.09.2001. A settlement was arrived between the parties whereby appellant/husband agreed to pay a sum of Rs.5,000/- per month to the respondent/wife and she was to join back the matrimonial home, however, she did not join the company of the appellant/husband. Consequently, the said petition filed by the appellant/husband under Section 9 was withdrawn by him on 09.10.2006.

3. A petition seeking divorce under Section 13(1)(ia) of HMA was filed by the appellant/husband on 20.10.2006. Ground of adultery was subsequently raised by the appellant/husband which was permitted to be raised by the Family Court vide order dated 05.02.2009.

4. Ms. Radhika Arora, learned counsel appearing on behalf of the appellant/husband submits that the impugned judgment passed by the Family Court is mechanical in nature and has been passed without applying law to the facts of the present case. The counsel further submits that the appellant/husband is entitled to a decree of divorce on the ground of cruelty alone as there were false cases filed by the respondent/wife against the appellant/husband and his family members which amounts to mental cruelty. It is contended that in one of the cases titled as State vs. Ram Avtar, filed by the respondent/wife, the Trial Court vide order dated 05.08.2013 in FIR No.824/01 recorded acquittal of the appellant as well as his family members. The Family Court has failed to appreciate that filing of false case under Section 498A of IPC as well as complaint filed by the respondent/wife to the superior officers of the appellant shows that she does not wish to stay with him and is a ground sufficient to grant divorce to the appellant herein.

5. It was contended by the counsel for the appellant/husband that the respondent/wife has tried to tarnish the reputation of the appellant by visiting his office on 29.12.1999 and a complaint was made by the respondent/wife to his employer (Station Director) All India Radio, Delhi. Attention of this court has been drawn to the office memo dated 31.12.1999 issued to the appellant/husband by the Station Director. The counsel further contended that the respondent/wife has made a false complaint to the husband's employer and the same would amount to mental cruelty. To buttress his argument, reliance has been placed in the case of Smt. Parveen vs. Sh. Hukum Singh reported at 2016 SCC OnLine Del 4556, more particularly para 17, 18, 19 and 34 to 36 by which a Division Bench of this Court while dismissing the appeal filed by the wife has observed that a false complaint by the wife to the husband's employer would amount to mental cruelty. The relevant paras 18, 19 and 34 to 36 read as under:

“18. In the decision reported as 19 (1981) DLT 64 Shakuntala Kumari v. Om Prakash Ghai it has been held that a false complaint by the wife to the husband's employer would amount to mental cruelty. The relevant paragraph of the report is extracted as under:

‘A false complaint of this natu