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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Vishnu Dutt Sharma - Appellant
Versus
Manju Sharma - Respondent
MAT.APP.(F.C.) 93 of 2021
Decided On : 14-12-2023
Cruelty - Divorce - Hindu Marriage Act, 1955 - Sections 13(1)(ia) and 13(1)(ib)
Fact of the Case:
The appellant-husband sought divorce from the respondent-wife on the grounds of cruelty and desertion under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955.
Finding of the Court:
The court found that the appellant failed to prove fresh grounds of cruelty and desertion, and the earlier case for divorce had been dismissed till the Hon'ble Supreme Court. The court also noted the acquittal of the appellant and his family members in the criminal case filed by the respondent, indicating the failure to prove allegations of cruelty and dowry demand.
Issues: The issues framed by the court were whether the petitioner/husband had been subjected to cruelty by the respondent-wife and whether the respondent/wife had deserted the petitioner/husband for a continuous period of more than two years.
Ratio Decidendi: The court held that no fresh ground of cruelty was made out, and the appellant failed to prove desertion by the respondent. The court also considered the acquittal of the appellant and his family members in the criminal case filed by the respondent as evidence of the failure to prove allegations of cruelty and dowry demand.
Final Decision: The court allowed the appeal and dissolved the marriage between the parties under the provisions of Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955.
JUDGMENT
Suresh Kumar Kait, J. - The present appeal under Section 19 of the Family Courts Act, 1984 has been filed against the judgment dated 28.01.2020, whereby the learned Principal Judge, Family Court has dismissed the petition filed by the appellant-husband under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act, 1955") seeking divorce from respondent-wife on the ground of cruelty.
2. The parties got married on 26.02.1993 at Delhi and a female child was born from their wedlock on 06.12.1993.
3. The appellant/husband has alleged that the behaviour of the respondent from the very first day of their marriage was improper and uncooperative and she tried to perturb his and his family's life by filing lodging false and frivolous complaints against all of them.
4. The appellant has alleged that on 29.11.1994, the respondent left her matrimonial home taking away all her istridhan and went to her parent's house. In September, 1995, on the complaint of respondent FIR No. 18/1995, under Sections 406/498A/506/34 IPC was registered at police station Paharganj, New Delhi.
5. On 20.01.1995, appellant filed petition [HMA 332/1995] for divorce before learned District Judge, which was dismissed. Thereafter, he preferred an appeal before this Court [FAO No. 302/1996] which was also dismissed vide Judgment dated 07.05.2007, against which he filed a Special Leave Petition [SLP (Civil) No.13166/2007] before Hon'ble Supreme Court, which also stood dismissed vide order dated 27.02.2009.
6. On 09.109.2017, the appellant again preferred a petition under Section 13 (1) (ia) (ib) of the Hindu Marriage Act, 1955 [HMA 1133/2017] seeking divorce on the grounds of cruelty and desertion. The said petition was dismissed by the learned Family Court vide order dated 28.01.2020, which has been challenged by way of present appeal before this Court.
7. The appellant before the learned Family Court averred that since the day of their marriage, behaviour of respondent towards him and his family members was not proper and on 19.05.1993 she had left the matrimonial home by taking away all her istridhan. The appellant averred that parties have been living separately since November, 1994 and have not cohabited for the last 23 years and there is no possibility of revival of their relationship. Thus, the appellant sought divorce on the ground of cruelty and desertion under Section 13(1)(ia) and (ib) of the Act, 1955.
8. The respondent/wife in her written statement took preliminary objection that the appellant had not come with clean hands and was not only concealing material facts but also making false submissions in the judicial proceedings. She asserted that within one month of their marriage, the appellant and his family started harassing her by pressurizing to bring Maruti Car, Rs.20,000/- in cash and jewellery of at least 10 Tolas. However, when the respondent could not fulfil the said demands, the appellant in connivance with his mother took all her jewellery without her consent and gifted it to the wife of appellant's brother on their engagement ceremony. Upon respondent questioning the same, she was criticised and beaten by the appellant and his family members to the extent that they even tried to burn her. She alleged that she could be saved only with the intervention of police.
9. The respondent also asserted that things turned worse after marriage of her brother-in-law, when appellant and his family wanted her to be out from her matrimonial home. Respondent lived at her matrimonial home till November, 1994 and on 29.11.1994, the appellant and his family members threw her out from the matrimonial home with minor child. Subsequently, parents and relatives of the respondent tried to reconcile their relationship but the appellant remained unmoved and was adamant to seek divorce. It was only then the respondent was forced to file a complaint before Crime Against Women Cell due to torture caused by the appellant and his f
The main legal point established in the judgment is that specific instances of cruelty must be proven, and reckless, false, and defamatory allegations constitute mental cruelty.
The court established that wrongful criminal allegations can constitute mental cruelty justifying a divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
The institution of a false criminal complaint by a spouse can amount to mental cruelty upon the other spouse, and can be a ground for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
The main legal point established in the judgment is that the grounds of cruelty and desertion, as provided under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955, were proven by the responden....
(1) Divorce—Filing of complaint and initiation of criminal proceedings by wife which were found to be baseless and false, do cause harassment and torture to husband and his family—One such complaint ....
The judgment establishes that in cases of matrimonial disputes, the court must consider the overall facts, circumstances, and the kind of relationship shared between the parties to determine whether ....
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