The persistence of one spouse's false allegations and erratic behavior can constitute mental cruelty, justifying a divorce under the Hindu Marriage Act.

JUDGMENT :

Jyotsna Rewal Dua, J.

1. In this appeal, barred by limitation, the appellant (wife) has assailed decree of divorce granted on 05.11.2023 in favour of the respondent (husband) by the learned Family Court.

2. Admitted facts as reflected in the impugned judgment are :-

2(i) The respondent (husband) filed a petition on 07.01.2017 praying for dissolution of his marriage with the appellant (wife). The petition was filed under Section 13 (1) (ia) & (ib) of the HINDU MARRIAGE ACT 1955 i.e. on the grounds of cruelty and desertion. He, inter alia, pleaded that :-

2(i)(a) Marriage was solemnized between the parties on 28.10.2007. The couple lived as husband and wife only for about a year and half. The appellant (wife) left matrimonial home on 05.05.2009. The parties were blessed with a girl child on 10.10.2009.

2(i)(b) Behaviour of the appellant (wife) never remained normal. She persistently complained of suffering from one illness or the other. The respondent (husband) took the appellant (wife) to various hospitals, but her abnormal behavior of sulking, crying and threatening continued, rather it became more aggressive and she became more and more uncontrollable. On 28.02.2009, she was diagnosed to be suffering from mental disorder. The discussion with the doctor made it apparent that the appellant to her knowledge had been suffering from this disease even prior to her marriage. The response of family members of the appellant to her diagnosis was not encouraging. On their insistence, the respondent (husband) even hired a separate accommodation, but the appellant did not shift.

2(i)(c) On 05.05.2009, the appellant refused to shift to the rented accommodation, refused to cook food and threatened to commit suicide. Harassed, the respondent & his family members reported the matter to police the same night.

2(i)(d) On 06.05.2009, the appellant got a false FIR registered under Sections 498A, 427,506 read with Section 34 of the INDIAN PENAL CODE (IPC) against the respondent (husband), his parents, his sister and sister’s mother-in-law. All of them were arrested by the police. They had to face the trial in Court for about 6 years. They were acquitted by the Court of learned Additional Chief Judicial Magistrate Kangra on 24.06.2016.

2(i)(e) The appellant filed a petition under Section 125 of the Code of Criminal Procedure (Cr.P.C.) wherein the respondent agreed to pay a sum of Rs. 1,000/- per month to the appellant and Rs. 800/- per month to his minor daughter.

2(i)(f) The appellant also filed a petition under Section 12 of the Protection of Women from Domestic Violence Act 2005 against the respondent and his parents. The petition was dismissed on 10.07.2016. The appeal instituted by the appellant against the order was also dismissed by the learned Appellate Authority.

The respondent (husband) alleged cruelty and desertion at the end of the appellant (wife). His case was that relationship of husband and wife was not possible between them as their marital relationship had irretrievably broken down and, therefore, prayed for decree of divorce.

3. The appellant (wife) in her reply to the divorce petition denied the allegations. She in-turn alleged cruelty by the respondent. Allegations of dowry demands & her forcible ouster from matrimonial home were made. Prayer was made for dismissal of the petition.

The parties adduced evidence in support of their respective cases. After examining the entire case, learned Family Court found substance in the allegations of cruelty levelled by the respondent (husband) against the appellant (wife) and ordered for dissolution of marriage between the two by granting decree of divorce under Section 13(1) (ia) of the HINDU MARRIAGE ACT . The appellant (wife) was held entitled to Rs. 1