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2015 Supreme(HP) 800
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Sanjay Karol, J.
Monika Sharma - Appellant
Versus
Kuldeep Kumar Dogra. - Respondent
FAO (HMA) No. 70 of 2013
Decided on : 31.7.2015
Advocate Appeared:
For the Appellant:Mr. N.K. Thakur, Sr. Advocate with Ms. Ishita Bhandari, Advocate.
For the Respondent:Mr. Bimal Gupta, Advocate.
Unsubstantiated allegations of infidelity/adultery amount to cruelty under Section 13 of the Hindu Marriage Act, 1955, causing mental anguish and suffering, and justifying a decree of divorce.
Headnote:
Cruelty - Divorce - Hindu Marriage Act, 1955 - Section 9, Section 125 Cr.P.C. - Section 13 - [HMA Petition No. 03 of 2010] - [Summary of Acts and Sections: The court discussed the provisions of Section 9 (restitution of conjugal rights), Section 125 Cr.P.C. (maintenance), and Section 13 (divorce) of the Hindu Marriage Act, 1955. The court highlighted the definition of cruelty under Section 13 and its interpretation by the Supreme Court, emphasizing mental cruelty and its impact on the spouse's state of mind. The court also considered the impact of the allegations of infidelity on the husband's mental health and the legal principles established in various judicial pronouncements regarding mental cruelty and its implications in divorce cases.]
Fact of the Case:
The wife alleged infidelity on the part of her husband, leading to a petition for divorce on the ground of cruelty. The trial court decided in favor of the husband, citing extreme mental harassment and physical cruelty inflicted by the wife. The wife's allegations of infidelity were found to be false and unsubstantiated, causing trauma and anguish to the husband and his family.
Finding of the Court:
The court found that the wife's false allegations of infidelity amounted to cruelty, causing reasonable apprehension in the husband's mind that it would be harmful and injurious to live with her. The court dismissed the appeal and upheld the judgment and decree of divorce passed by the District Judge.
Issues: The main issue was whether the wife's allegations of infidelity constituted cruelty under Section 13 of the Hindu Marriage Act, 1955, and whether such allegations caused reasonable apprehension in the husband's mind, justifying a decree of divorce.
Ratio Decidendi: The court held that unsubstantiated allegations of infidelity/adultery amount to cruelty and can cause mental anguish and suffering, making it harmful and injurious for the wronged party to continue living with the other party. The court emphasized the impact of mental cruelty on the spouse's state of mind and the need to consider the social status, educational level, and relevant facts and circumstances of the parties.
Final Decision: The court dismissed the appeal and upheld the judgment and decree of divorce, concluding that the wife's false allegations of infidelity constituted cruelty under Section 13 of the Hindu Marriage Act, 1955.
Sanjay Karol, J (oral)
Appellant Monika Sharma (hereinafter referred to as the wife) was wedded to respondent Kuldeep Kumar Dogra (hereinafter referred to as the husband) on 26.04.1993 as per Hindu customary rights. Two children were born out of the wedlock. Incompatibility prompted the parties to reside separately. With the passage of time discord widened with the husband filing a petition under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act), wherein wife pleaded infidelity on the part of her husband. Unequivocally it stood averred that the husband was having illicit relationship with his Bhabhi (sister-in-law). Such allegations were also repeated in a petition filed by the wife under Section 125 Cr.P.C. Claiming the allegations to be false, having caused grave mental cruelty and the marriage having broken out irretrievably, husband filed a petition for divorce on the ground of cruelty. This in crux is the averments made in the petition adjudicated by the Court below.
2. In response thereto wife reiterated her allegations.
3. On the basis of the evidence led by the parties, trial Court decided the issues in favour of the husband and allowed the petition by passing a decree of divorce on the ground of cruelty.
4. Such judgment and decree dated 01.11.2012 passed by District Judge, Hamirpur, H.P., in HMA Petition No. 03 of 2010 titled as Kuldip Kumar Dogra Versus Smt. Monika Sharma, is subject matter of challenge before this Court.
5. This Court, made several attempts in making the parties understand the advantage and benefit of having their dispute amicably resolved. Regretfully parties could not arrive at any amicable settlement.
6. That wife levelled false allegations of infidelity stand categorically pleaded by the husband in his divorce petition. Such allegations were made in response to a petition No.28 of 2004/RBT No.35/05, titled as Kuldeep Kumar Dogra Versus Smt. Monika Sharma, so filed under Section 9 of the Act; petition for maintenance filed under Section 125 Cr.P.C. and in response to the petition in question, she has inter alia reiterated such allegations and pleaded cruelty through the hands of her husband.
7. Certain facts are not in dispute. Parties to the lis were married on 26.04.1993 and two children Shubham Dogra and Praful Dogra were born out of the wedlock. Since 10.01.2004 parties have been residing separately. Husband shifted to his native village Khasgran, whereas wife continued to reside with her children at Anu, District Hamirpur, H.P. On 04.03.2004, husband filed a petition under Section 9 of the Act (Ex.R-3), seeking restitution of conjugal rights, in which wife filed her response clearly pleading cruelty meted out by her husband. In fact, she categorically pleaded that disharmony inter se the parties started after she observed illicit relationship, which her husband was having with his sister-in-law (Bhabhi). In the said petition, on 18.02.2006, even on oath she made statement (Ex.P-2) to this effect. The said petition came to be dismissed vide judgment and decree dated 30.04.2008 (Ex.R-1). Appreciating the testimonies of the wife and her son as also official witnesses Pawan Kumar and Mohinder Singh, Court found that since the wife stood subjected to cruelty by her husband, who had also disconnected the electricity and telephone connections, so installed in the premises occupied by her, it was a case of constructive desertion. Appeal, so filed by the husband stood dismissed by this Court vide judgment dated 08.12.2009 in FAO (HMA) No.303 of 2008, titled as Shri Kuldeep Kumar Dogra Versus Smt. Monika Sharma (Ex.R-4) .
8. Incidentally the Court, made no observation with regard to the correctness or otherwise of the allegations of the alleged illicit relationship. Thus the issue of restitution of conjugal rights comes to an end.
9. On 28.06.2005, the wife sought maintenance by filing a petition under the provisions of Section 125 Cr.P.C., which was objected to by
