False accusations and long-term separation can constitute mental cruelty, justifying divorce under the Hindu Marriage Act.

JUDGMENT :

Hirdesh, J. 

Challenge in this appeal under Section 19 of the Family Courts Act, 1984 is to the judgment and decree dated 10-08-2017 passed by Principal Judge, Family Court, Gwalior in Case No.339-A of 2012 (HMA), whereby application filed by appellant-husband under Section 13 of Hindu Marriage Act for grant of decree of divorce, was dismissed.

(2) IA No.5329 of 2022 is an application under Order 41 Rule 27 read with Section 107 of CPC filed by appellant-husband for taking additional evidence on record.

Relying on the judgments of North Eastern Railway Administration Vs. Bhagwan Das (2008) 8 SCC 511 and Sanjay Kumar Singh vs. State of Jharkhand (2022) 7 SCC 247, it is contended on behalf of appellant that the order of acquittal for offence under Section 498-A of IPC and Section 3/4 of Dowry Prohibition Act passed by the Trial Court on 18th of August, 2017 in Criminal Case No.10953 of 2012 was after impugned judgment and decree of the Family Court and appellant has to prove the authenticity and genuineness of additional evidence including contents thereof, which are necessary for just decision of present appeal. On the contrary, learned Counsel for respondent-wife objected to the application and prayed for its rejection.

In view of law laid down in the above-said cited cases, prayer of appellant-husband appears to be reasonable and accordingly, IA is allowed. Documents are taken on record.

(3) Facts of the case, in brief, are that in the divorce application, it was averred on behalf of appellant- husband that his marriage was solemnized with respondent on 27.06.2007 as per Hindu rites and rituals. After marriage, respondent came to her maternal home where her health suddenly deteriorated as a result of which, she became mentally disturbed. Her Father, mother and brother brought her to Gwalior on 02.07.2007 in a car to Psychiatrist Dr.Malhotra. After fifteen days, she came to his house and went to her maternal home on the occasion of Raksh Bandhan. Since marriage, her behaviour towards him and his parents became extremely inhuman. She did not perform any household work, therefore, his father kept a maid. She did not cook and serve food timely. He tried to explain his wife several times, but she used to abuse in filthy languages. She is a woman of stubborn nature and used to pretend to cry on every small things and break valuable articles in his home. She used to fight with him and his parents almost everyday. It was also alleged that she suffered from unsoundness of mind, therefore, she was taken to Dr. S.N. Iyengar on 07-03-2008 and since then, she has been undergoing continuous treatment.

It was further alleged on behalf of appellant- husband that on 21-11-2009, his wife had gone to Orai on the marriage of his aunt's son where she had displayed unsoundness of mind. Thereafter, family members of appellant took her to Dr. Iyengar on 27-11-2009. In January 2010, father of respondent left her in her matrimonial home, Gwalior. Even then, she did not live a happy marital life with him. She had gone to Bhind in July 2010 on the occasion of Raksha Bandhan and Diwali and after that, came back to Gwalior. After a few days, she mentally deranged and started having unsoundness of mind. When her cousin Amit Pathak was called, he told about her state of mind before her marriage.

The husband in his divorce application further alleged that his wife has been behaving like a lunatic since before marriage and is undergoing for same. Her parents did not disclose about insanity to him and his parents and even did not tell her correct age, who is much older than him. Respondent on her volition went to Bhind with her brother Sachin Sharma on 14th of May, 2011 along-with gold and silver jewellery. She has not maintained marital relations with him since one month after marriage. She used to threat him that if he tried to have physical relations with her, she would commit suicide and send him and his family to jail. On 19th of May, 2012, she also ga