Unfounded allegations of extra marital affairs and character assassination amount to mental cruelty, and the tendency of making false allegations must be deprecated.

JUDGMENT

Dinesh Kumar Sharma, J. - The appellant has invoked the jurisdiction of this Court under Section 19 of the Family Courts, 1984 assailing the impugned judgment order dated 31.01.2019, whereby the Family Court, Southr West, Dwarka granted a decree of divorce in favour of the respondent/husband under Section 13 (1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred as HMA).

2. Briefly stated, the facts are that the parties were married as per Hindu rites and customs at Palam, Delhi on 29.06.2014. However, immediately after marriage, the relations between the couple turned sour. The appellant/wife lodged an FIR bearing No. 306/2016 under Section 354/354- A/354-B/354-C IPC, PS Palam Village against her father-in-law. The divorce petition was filed by the respondent/husband on the ground of the cruelty on 08.03.2017. The Family Court after the trial, granted decree of divorce.

3. The Family Courts in the impugned judgment, noted that after around one year of marriage, the parties shifted to a rented accommodation in Saidalazab, Saket, New Delhi. The appellant - wife was working as a Social Science Teacher with the Delhi Government and the respondent - husband was employed as Assistant Manager (Coordination) with M/s Bridge and Roof Co. (India) Ltd. The Respondent - husband in the petition had levied certain allegations against the appellant - wife regarding her lifestyle, attitude and strange behavior towards his parents. The appellant - wife allegedly did not pay any heed to the respondent's advise to modify her life style. The respondent/husband with a hope to see some improvement in their relation, shifted to an independent rented house. However, the behavior of appellant/wife allegedly, did not improve. The appellant/wife allegedly made false allegations against the father of the respondent/ husband which, later on, she sought to withdraw and sought pardon as recorded in the written submissions made to Inquiry Officer (10) on 25.06.2016. The appellant -wife filed false and frivolous complaints before the Delhi Commission for Women and CAW Cell on 03.06.2016 and 17.06.2016 respectively for dowry harassment against the respondent/ husband and members of his family. These complaints were closed after investigations. The appellant/wife also allegedly filed false FIR bearing No. 306/2016 under Section 354/354-A/354-B/354-C IPC, PS Palam Village. It has now been brought on the record that, in the said case, the Trial Court has recorded an acquittal. Appellant/wife, allegedly - in order to malign the members of the family of respondent/husband, got it published in the newspaper. Appellant/wife allegedly left the matrimonial house on 11.07.2016 alongwith the household goods, and filed a false and frivolous case under Section 9 of HMA in the Court of ADJ, Khetri Nagar, District Jhunjhunu, Rajasthan. Thereafter, the respondent/husband filed the present petition under Section 13 (1) (ia) of HMA on the ground of Cruelty.

4. The appellant/wife in her defense stated that, in fact, it was the respondent/husband who had been inflicting cruelty on her. She further stated that she was also tortured and harassed by her in-laws on account of their dowry demands. The appellant /wife also alleged that her father-in-law had also sexually assaulted her, and when the respondent/husband did not take any steps, she was forced to file a complaint with the police. The appellant /wife also stated that, rather, it was the respondent/husband who used to force her to commit suicide, for which, she had filed a complaint with the Mahila Ayog. Allegedly, the respondent /husband was a habitual drinker and even compelled the appellant to consume liquor on some occasions. The appellant stated that though she was employed and had to attend to her office, yet she used to do all household works. The appellant stated that she wanted to continue with the matrimonial alliance, and thus she filed the petition under Section 9 of the HMA. The Family Courts framed