2019 Supreme(Mad) 1400

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SUBBIAH, C. SARAVANAN, JJ.
Meenakshi – Appellant
Versus
Premkumar Nachiappan – Respondent
Civil Miscellaneous Appeal No. 1455 & 1456 of 2007
Decided On : 29-01-2019

Headnote:

Indian Penal Code,1860 - Section 498-A - Criminal Procedure Code,1973 - Section 161 and 340 - Protection of Women from Domestic Violence Act - Section 12 - Hindu Marriage Act,1955 - Sections 9,13(1)(i-a),13-B - Family Courts Act - Section 19 - Information Technology Act, 2000 - Section 72 - Grant of a decree of divorce - Marriage between him and appellant was solemnised as per Hindu rites and customs at Kilapungudi Sivagangai District - Marriage was arranged by elders in family and it was also registered in office of Registrar of Marriage Madagupatti under Certificate - According to respondent he was working in United States of America prior to marriage and had come down to India for purpose of marrying appellant - After ten days of marriage respondent went to United States of America while appellant joined him at United States of America during August - Appellant was a holder of Engineering Degree and she was keen to pursue higher studies at United States of America - Therefore respondent got her admission for pursuing M.E Degree in Computer Software Engineering at Widner University during January - That apart respondent also obtained sponsorship to financially support her to pursue higher studies in said University - It is contention of respondent that he had a normal and happy married life with appellant for about to months after marriage - According to respondent few years before marriage mother of appellant died and her father re-married in middle of which according to respondent had apparently disturbed appellant very much and respondent witnessed a change in her behaviour pattern thereafter - Appellant started picking up quarrel with respondent even for trivial family dispute and was in habit of throwing whatever articles she could get into her hand - On one occasion appellant got annoyed and threw shoes on respondent - During yet another quarrel appellant threw sacred thali towards respondent which has caused acute mental disturbance to him - At height of her frustration on one occasion appellant took a knife and threatened respondent that she would cut her wrist and throw blame on him - Appellant also made constant threat to dial emergency police number at United States of America have respondent arrested for domestic violence by hurting herself and to throw blame on him - During middle of owing to a trivial quarrel appellant became very aggressive that she had taken a knife and threatened to commit suicide - When respondent attempted to snatch knife from her appellant cut his finger and therefore he had to be taken to Spring Field Hospital for treatment where he was sutured as cut injury was so deep - According to respondent fact that he had very close proximity with his father mother and grand parents and sister had apparently irked appellant that she could not make any such bond with any one of her relatives particularly her parents - Further appellant constantly apprehended that she was genetically pre-diagnosed to cancer inasmuch as her mother died due to said disease - At same time appellant blamed that respondent did not sympathise with her for her imagined and non-existing disease - Whether order passed by Family Court can be sustained or not - Whether marriage life between appellant and respondent was peaceful and blissful and whether respondent was subjected to matrimonial cruelty at instance of appellant - Held, Court need to now see effect of above events - In Court opinion first instance of mental cruelty is seen in scurrilous vulgar and defamatory statement made by respondent wife in her complaint addressed to Superintendent of Police Women Protection Cell - Statement that mother of appellant husband asked her to sleep with his father is bound to anger him - It is his case that this humiliation of his parents caused great anguish to him - He and his family members were traumatised by false and indecent statement made in complaint - His grievance appears to us to be justified - This complaint is a part of record - It is a part of pleadings - That this statement is false is evident from evidence of mother of respondent wife which Court have already quoted - This statement cannot be explained away by stating that it was made because respondent wife was anxious to go back to appellant husband - This is not way to win husband back - It is well settled that such statements cause mental cruelty - By sending complaint respondent wife has caused mental cruelty to appellant husband - Court see it criminal complaint was filed by wife after filing of husbands divorce petition and being subsequent events could have been looked into by Court - In any event both parties were fully aware of this facet of cruelty which was allegedly suffered by husband - When evidence was led as also when arguments were addressed objection had not been raised on behalf of respondent wife that this aspect of cruelty was beyond pleadings - Court are therefore not impressed by this argument raised on her behalf - Court find that appeal is well founded and deserves to be allowed - Court unequivocally find that respondent wife had filed a false criminal complaint and even one such complaint is sufficient to constitute matrimonial cruelty - Counter affidavit that marriage life was happier between them - To this effect appellant also deposed before Family Court - However Family Court failed to appreciate evidence of appellant as and documents marked on her side - By referring to an e-mail dated sent by respondent to father of appellant marked as counsel for appellant would content that contents of e-mail would make it clear that appellant and respondent were living happily and respondent did not raise any complaint against appellant in said letter - Counsel for appellant therefore prayed for allowing these appeals - It has to be stated that marriage between appellant and respondent was solemnised and during August appellant joined respondent in his matrimonial company at United States of America - According to respondent within months of marital life there were disputes and quarrel that emanated between him and appellant to which appellant had largely contributed - On contrary appellant would contend that marriage life was free from any trouble and they lived happily and peacefully - Appeals Dismissed