Making false complaints and causing mental cruelty can amount to grounds for dissolution of marriage under the Hindu Marriage Act, 1955 and the Protection of Women from Domestic Violence Act, 2005.

JUDGMENT

Ashok Kumar Verma, J. - The appellant-husband has come up in appeal before this Court seeking setting aside of judgment and decree dated 09.04.2015 passed by the Additional District Judge, Panipat, whereby petition filed by him under Section 13 of the Hindu Marriage Act, 1955 (for short 'the HMA') for dissolution of marriage has been dismissed.

2. Brief facts of the case are that marriage between the parties was solemnized according to Sikh rites and ceremonies on 21.02.2009 at Amritsar. As per appellant-husband, marriage was simple. Neither any dowry was demanded nor given. The marriage was consummated but no child was born out of their wedlock. As per appellant-husband, soon after the marriage, respondent-wife treated him with utmost cruelty. Respondent used to level false allegations against the appellant and his family members. Respondent has made false complaint against the character of father of the appellant. She made a written complaint along with affidavit dated 03.06.2011 levelling false allegations regarding demand of car by the appellant's father. Respondent also submitted a false complaint with the Army authorities against the appellant and his family members. Due to false complaints appellant and his father, who has retired as Deputy Commandant, Border Security Force, have suffered loss to their reputation. Behaviour of the respondent has been cruel towards appellant and his family members since the very beginning of their matrimonial life. She did not give respect to the appellant or his parents. Respondent left the matrimonial home on 21.03.2011 without any rhyme or reason. Thus, appellant has prayed for dissolution of marriage with the respondent.

3. On notice, respondent-wife filed written statement to the petition pleading therein that the petition was not maintainable. She alleged that soon after the marriage, appellant and his family members started treating her with utmost cruelty. Appellant pressurized the respondent to bring a Swift Dzire car from her father and when she refused, appellant rebuked her and stopped talking to her. Appellant used to give beating to her in routine. It has further been alleged that father of the appellant used to touch her in bad manner. On 21.03.2011 father of the respondent took her to Gurgaon. Panchayat was convened to settle the matter amicably but appellant and his family members refused to resolve the matter. Respondent-wife made a written request to the President Army Wives Welfare Association, New Delhi on 03.06.2011 regarding misbehaviour and maltreatment given to her at the hands of appellant and his family members wherein request was made to resolve the matter and for grant of maintenance allowance till the matter is resolved. Army authorities sanctioned 22% of the appellant's salary as maintenance to her. It has been further submitted that she had also filed a complaint under Section 499 and 500 IPC and a case under the provisions of Protection of Women from Domestic Violence Act, 2005 (for short 'the Act') against the appellant and his family members at Gurgaon. A false and concocted story has been narrated by the appellant. She is still ready to live with the appellant, if he mends his ways. Thus, respondent prayed for dismissal of the petition.

4. From the pleadings of the parties, following issues were framed on 23.10.2013: -

"1. Whether the petitioner is entitled to a decree of divorce on the grounds as alleged in the petition? OPP

2. Whether the petition is not maintainable in the present form? OPR

3. Whether the applicant has concealed the material facts from the Court? OPR

4. Relief."

5. In order to prove his case, appellant himself appeared in the witness box as PW1, besides examining Kashmir Chand as PW2, Vipin Sharma as PW3 and his father Kashmir Singh Sandhu as PW4 and also tendered some documentary evidence.

6. On the other hand, respondent in support of her case stepped into witness box as RW1, besides examining her father Harjinder Singh Sidhu