The filing of false complaints and prolonged separation without cohabitation constitute grounds for divorce under the Hindu Marriage Act, with a consideration for permanent alimony adjustment due to inflation.

JUDGMENT :

N.S. SANJAY GOWDA, J.

1. Being aggrieved by the decree of divorce granted, on the petition filed by the respondent husband, the wife is in the appeal.

2. The facts leading to the filing of the appeal are as follows:

(1) On 22.5.2003, the marriage between the parties to this appeal was solemnized and as a result of this marriage, a son was born to the couple in the year 2005.

(2) According to the averments made in the petition filed by the husband, which are also affirmed by the Family Court, the couple separated on 12.10.2005 and have been residing separately ever since.

(3) On 26.3.2013, the husband instituted a family suit seeking for a dissolution of marriage by a decree of divorce, alleging that he was treated with cruelty and had been deserted.

(4) The husband contended that the wife abused him about his physical disability and constantly stated that she had been engaged to one Manish and actually wanted to marry him but was forced to marry him against her wishes. He also stated that she used to use abusive language to defame him and also used to visit the place of his work and that of his father and abused them in front of their co-employees which was an unpardonable act.

(5) He Stated that after the wife had deserted him in 2005 she had gone on to conduct a very important religious ceremony (hair removing ceremony of his only son) without even informing him, which also amounted to inflicting of a cruelty.

(6) He also stated that the wife had filed a false criminal complaint (private complaint) making false allegations and in these proceedings, after trial, the husband was acquitted. It was also stated that she, thereafter, preferred an appeal but chose to withdraw the same, which itself proved that false complaints were filed against him, which also amounted to cruelty.

(7) The wife entered appearance and contested the proceedings. She denied every assertion of the husband, and she went on to state that she had been thrown out of her matrimonial home. She contended that her husband was not entitled for divorce after having neglected her and her son and not bothering to take care of either of them.

(8) It may be pertinent to note here that it is not in dispute that the wife had instituted an application under Section 125 of the Code of Criminal Procedure for grant of interim maintenance and the Family Court had granted a sum of Rs.5,000/- per month in the year 2013 which was regularly paid by the the husband.

(9) The Family Court on consideration of the pleadings and the evidence adduced before it, recorded a finding that the husband and the wife were living separately since 2005 and the husband had filed a petition 8 years after their separation in the year 2013 and the husband had thus established that he had been deserted for more than a period of two years as contemplated under Section 13(1)(ib) of the Hindu Marriage Act.

(10) The Family Court also recorded a finding that the wife had left the house on her own and had not made any efforts to come back to the matrimonial home.

(11) The Family Court also recorded that the wife had indeed lodged a private complaint against her husband and his parents for the offences under Section 498A of the INDIAN PENAL CODE , but the Criminal Court had refused to issue summons to the parents and only issued notice to the husband. It recorded that the Criminal Court had acquitted the husband, and the wife had challenged the acquittal order by filing an appeal but had chosen to withdraw the same.

(12) The Family Court, therefore, cam