Filing a false complaint against the spouse or their relatives amounts to mental cruelty under the Hindu Marriage Act, warranting divorce.

Navita Singh, J.

C.M. No.25249-CII of 2013

There is an application for condonation of delay in filing the appeal. The delay is of 38 days.

For the reasons mentioned in the application, the delay of 38 days in filing the appeal is condoned.

2. F.A.O. No.6146 of 2013

The present respondent had filed a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) against the appellant whereas the latter filed a petition under Section 9 of the Act against the former. The petition under Section 13 of the Act was allowed while that of the appellant filed under Section 9 of the Act was dismissed.

3. Aggrieved by the order in both the cases, the wife came up in appeal.

4. The facts of both the cases were inter-linked because the respondent alleged that the appellant had deserted him and her behaviour was far away from good. She extended threats to the appellant and his family members and was also cruel towards the child born to the parties insofar as that she refused to breast feed the baby. On 21.10.2009, the appellant poured kerosene oil and tried to set herself on fire for framing the respondent and his family members in a criminal case. She lodged an FIR on the next day. Later on, the case was found to be false. However, the respondent remained in jail for seven months and his father remained inside for about six months.

5. The appellant, admitting that the marriage took place on 7.2.2007 and that one female child was born to the parties, alleged that on 21.10.2009, her parents-in-law and sister-in-law had tried to burn her alive. She ran down and called her brothers on telephone who took her to Safdarjung Hospital where she remained admitted with 30% burns. She lodged an FIR No.322 dated 22.10.2009 under Sections 307, 406, 498-A, IPC read with Section 34 of Indian Penal Code (IPC for short). The facts pleaded by her in the reply to the petition of the respondent were averred in the petition filed by her under Section 9 of the Act. The respondent-husband in his reply to the petition of the wife stated all the facts which he had mentioned in his petition under Section 13 of the Act.

6. The following consolidated issues were framed in respect of both the petitions by the trial Court :

1. Whether the petitioner Amit was subjected to cruelty by her wife Smt. Imlesh on the grounds mentioned in her petition? OPP

2. Whether the respondent Amit has left the company of petitioner Imlesh without any sufficient reason as in her petition? OPP

3. Whether the petitioner is guilty of his or her own misconduct? OPR

4. Relief.

7. Learned counsel for the appellant argued that ignoring the evidence led by the appellant in both the petitions qua the cruelty to which she was subjected in the matrimonial home, the trial Court simply held on to one point that the criminal case filed by the appellant against the respondent and his family members was found to be false. Learned counsel admitted that charge-sheet had been filed by the police only against the husband and in an application moved by the appellant, four other persons, i.e., parents and two sisters of the respondent were also summoned to face trial. However, all the accused were acquitted. Learned counsel for the appellant contended that mere acquittal in the criminal case should not have been made the basis for deciding both the petitions against the appellant and the trial Court gravely erred in doing so. He also referred to the statement of Dharambir, who was a retired Sub Inspector and had appeared as a witness on the asking of Rajju, father of the respondent. He stated that the said Sub Inspector, after he retired, deposed in favour of the respondent for obvious considerations. However, record shows that no finger can be pointed towards the veracity of the said witness and simply because he appeared on a message having been received from the father of the respondent, it would not mean that the witness was tutored or bought.

8. It is not denied by learned coun