False allegations made in legal proceedings can constitute mental cruelty, warranting divorce under the Hindu Marriage Act.

JUDGMENT

Arun Bhansali, CJ.

Heard Sri. Manish Goyal, learned Senior Advocate, assisted by Sri. Archit Mehrotra, learned counsel appearing for the appellant and Sri. Ashok Shankar Bhatnagar, learned Senior Advocate, assisted by Sri. Harshul Bhatnagar, learned counsel for the respondent.

2. This appeal is directed against the judgment dated 01.09.2017 passed by Additional Principal Judge, Family Court, Gautambuddha Nagar whereby the petition filed by the appellant under section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') seeking dissolution of the marriage has been rejected.

3. The proceedings under Section 13 of the Act were initiated on 03.10.2011 with the averments that parties entered into wedlock on 06.12.1994 and two sons, Vinamra and Chaitanya, were born to them at Farrukhabad District, U.P. At the time of marriage, the family used to reside at Farrukhabad and house of the respondent was at Noida where her family was staying. After the death of respondent's father on 26.11.1999, respondent's both brothers and mother stayed in the house at Noida. Her both the brothers were married, however, their marriages have been dissolved. The respondent was living with her mother and brothers for about four years. It was indicated that the appellant is a partner in M/s. Narayan International and M/s. North International. The family shifted to Noida whereat House No. A-111, Sector 40, Noida, the family along with the children was living. The house in question was got registered in the name of the respondent on appellant making payment through an account payee cheque, which amount was paid from M/s. Narayan International. It was claimed that the family life of the parties was always disturbed because of which the respondent did not take care of her husband and children appropriately. Most of the time, she was staying at her parental home. It was then alleged that in the intervening night of 20th and 21st of August 2007, there was dispute between the parties for which respondent was responsible, based on which the respondent decided not to live with the appellant and without reasonable cause, she ousted the husband from the house. The respondent misbehaved along with her mother and brothers with him and started claiming herself to be the owner of the house situated at Sector-40, Noida. The appellant was forced to live with the family alone. Respondent filed Misc. Application No. 38 of 2008 under section 7 of Guardians And Wards Act, 1960, Hindu Minority and Guardianship Act, 1956 before the District Judge, Gautambudh Nagar on 20, 21 November, 2008. False criminal case was registered with the Chief Judicial Magistrate, wherein allegations of domestic violence were made that the appellant had beaten her in August, 2007. In fact, the elder son, Vinamra, was made to give a statement for the purpose of creating false evidence. However, the case was dismissed for lack of evidence. Allegations were made that in September, 2010, attempt was made to usurp house at Sector-40, which failed, several false complaints were filed including at Mahila Police Station, which resulted in mental cruelty. A false affidavit was filed before the Court of Additional Sessions Judge that till such time that witnesses are given Police protection, they will not appear and that the appellant wants to compromise with the respondent so that they can live together and he can murder her and give it a shape of suicide, which application was rejected. Other allegations were made regarding making of false applications before the Court and in the allegations made in the petitions, character assassination of the appellant was done. Further allegations were made pertaining to various kind of averments made in the proceedings amongst the parties including the fact that her father died on account of behaviour of the appellant. Further submissions were made that false allegations pertaining to abortion were made. It was indicated that a suit was filed