Levelling false allegations, especially those related to adultery, can constitute cruelty and provide justification for seeking divorce.

1. The present appeal has been filed by Shrimati Om Pati-appellant challenging the judgment dated December 23, 2000 passed by the learned Additional District Judge, Hisar whereby the marriage between the parties, namely, the present appellanl-Om Pati and respondent-Rajbir has been ordered to be dissolved by a decree of divorce.

2. A petition under Sec. 13 of the Hindu Marriage Act had been filed by respondent-Rajbir for dissolution of their marriage. It was stated in the petition that parties were married on May 12, 1987 and the Muklawa ceremony was performed after one year of the marriage. The parties cohabited and lived together and out of the wed-lock, a daughter, namely. Sonia was born. The husband claimed that the wife was an arrogant lady and had short temperaments and right from the inception of the marriage, she started hating the husband. She refused to perform the house hold cores and used to picked up quarrel on petty matters and insulted the husband in the presence of his relative and friends. She even used to hurl filthy abuses upon the husband. The husband claimed that she used to go to the extent of levelling false and frivolous allegations against the husband.

3. On December 20, 1995 she went to the house of one Randhir and levelled false allegations against the husband of having illicit relations with Sudesh daughter of Randhir. The aforesaid Randhir convened a Baradari Panchayat and in the presence of the Panchayat, the husband had tendered apology for the false allegation made by the appellant wife. The husband also claimed that the wife had alleged that he was having illicit relation with his brothers wife. Ultimately, the wife left the matrimonial home 2- ½ years ago and since then she was residing separately. The husband claimed that she had initiated proceedings under Section 107/151 of the Code of Criminal Procedure but he was discharged by the Sub Divisional Magistrate, Hansi.

4. The divorce was claimed by the husband respondent on the ground of cruelty and desertion.

5. Upon notice of the divorce petition, the wife appeared and filed a written statement. She denied all the allegations levelled against her in the divorce petition. She specifically denied that she had ever levelled any kind of allegations against the husband and in fact it was the husband who was maltreat ing her. She also denied the factum of deserting the husband. On the other hand, she claimed that it was the husband who had turned her out of the house after giving her beatings.

6. The learned trial Court on appreciation of the entire evidence allowed the divorce petition filed by the husband and ordered the dissolution of the marriage between the parties.

7. The wife has felt aggrieved and approached this Court through the present petition.

8. Shri R. A. Sheoran, the learned counsel appearing for the appellant has submitted that in fact there was no evidence on the record to show that the wife had ever levelled any allegations against the character of the husband or that he was having any illicit relations with his sister-in-law. Shri Sheoran has referred to Ex. PI which is a copy of the FIR recorded at the instance of the appellant-wife to submit that in fact a perusal of the aforesaid document would show that no such allegations as have been noticed by the trial Judge have been levelled in the aforesaid FIR.

9. I have perused the said document Ex. PI in which the wife had made a complaint to the police and had stated as follows :

"The cause of dispute is that since the time my sister-in-law Indrawati has got married, my husband has developed a liking towards her and desired her........."

10. Shri Ajay Chaudhary, the learned counsel appearing for the respondent- husband during the course of arguments has produced a statement dated March 21, 2003 made by Smt. Om Pati-appellant before the Judicial Magistrate I Class, Hansi in criminal case No. 120 of 1998 (State V/s. Rajbir and others). It was pointed out by the learned couns