Filing a false complaint by a spouse and the subsequent acquittal in a criminal case can constitute cruelty as per Section 13(1)(i-a) of the Hindu Marriage Act, leading to the grant of a decree of divorce.

ORDER :

Judgement dated 6.2.2014 passed in H.M. Case No.51/2011 by IVth Additional District Judge, Satna is subject matter of challenge in the present appeal, whereby application filed by appellant-husband under Section 13(1)(i) and 13(1)(i-a) of Hindu Marriage Act (H.M. Act), 1955 for seeking decree of divorce on various grounds was dismissed.

2. It is admitted in the present matter that appellant-husband and respondent-wife were married on 20.2.1994 and there are three children out of wedlock and children are residing with respondent-wife. The appellant filed application on 7.3.2007 for grant of decree of divorce on two grounds. Firstly, respondent treated appellant with cruelty and secondly that respondent had voluntarily made physical relations with another person other then her spouse. At the outset, during course of argument, learned counsel Mr. Manoj Chaturvedi appearing on behalf of appellant gave up the ground of adultery as person with whom respondent-wife allegedly made physical relation was not impleaded as party in the matter and for purpose of proving allegation of adultery, it is essential to implead person as party in the case. Since, counsel for appellant gave up the ground of adultery, only ground left for consideration is cruelty and therefore, the pleadings, evidence and arguments relevant to the allegation of cruelty are considered hereinafter.

3. Appellant pleaded in main application filed for divorce that behaviour of respondent was cruel with appellant and appellant lodged complaints against respondent-wife before Police authorities time to time complaining her behaviour and threats. Appellant-husband further pleaded in his petition that respondent-wife always threatened him to lodge criminal reports against him and his family members. According to petition, respondent-wife threatened appellant that she will commit suicide or lodge report of harassment due to demand of dowry.

4. Respondent-wife denied the allegations in toto and prayed for dismissal of petition by filing written statement in the matter.

5. Appellant-husband examined himself as PW-1, Neelam Jha (PW-2), Paras Shah (PW-3) and respondent-wife examined herself as DW-1 and Pankaj Jha (DW-2). In statement, appellant repeated allegations leveled in petition and stated that respondent lodged report at Police Station Mahila Thana, Satna against appellant and his parents registered under Section 498-A of IPC and 3/4 of Dowry Prohibition Act as Crime No.17/2007 wherein during investigation, appellant and his parents were arrested and were taken in custody. Appellant produced copies of several complaints lodged by him against respondent before Police authorities, Copy of charge-sheet, F.I.R. lodged by respondent and other relevant documents to demonstrate that respondent treated him with cruelty.

6. In cross examination of appellant, it was brought on record by the counsel for respondent that criminal case lodged by respondent is pending against appellant and his parents. Neelam Jha (PW-2) and Paras Shah (PW-3) supported the statement of appellant. In statement, respondent reiterated allegation of demand of dowry, harassment etc. It is stated by her that criminal case is pending against appellant and his parents upon report of respondent. Pankaj Jha (DW-2) supported the allegation of demand of dowry etc.

7. Learned trial Court framed three issues. First in respect of cruelty, second in respect of adultery and third relief and costs and after considering the evidence by judgment dated 6.2.2014, dismissed application filed by appellant-husband for grant of decree of divorce.

8. During pendency of appeal, I.A. No.7141/2023 filed on behalf of appellant under Order 6 Rule 17 read with Section 151 of CPC for incorporating pleadings in respect of subsequent event acquittal of appellant and his parents in criminal case lodged by respondent and prayed for grant of decree of dissolution of marriage on the ground of cruelty for lodging false report. The I.A. was allow