IMPORTANT POINT
The court established that repeated filing of criminal cases can constitute mental cruelty, leading to the irretrievable breakdown of marriage.

JUDGMENT: (Per Hon’ble. Justice Moushumi Bhattacharya)

The appeal arises out of an order dated 02.11.2021 passed by the learned Principal Senior Civil Judge at Mahabubnagar, in H.M.O.P.No.20 of 2018. The appellant’s petition for divorce under Section 13 (1) (i-a) and (i-b) of the Hindu Marriage Act, 1955 (for cruelty and desertion) was dismissed by the Trial Court.

2. A brief factual background to the present appeal follows:

2.1 The appellant and the respondent were married on 01.12.2010 as per Hindu Rites and Customs at Chinna Gollapally Village, Shamshabad Mandal, Ranga Reddy District. The appellant and the respondent experienced difficulties in their marriage from 04.12.2010. The respondent left the appellant for her parents’ house on 01.11.2011. The appellant and the respondent had a child on 13.09.2011. The appellant and the respondent continued to have differences and the respondent filed a complaint to the Station House Officer, Shamshabad, on 11.07.2012. The appellant and his family members obtained anticipatory bail from the Court of the Metropolitan Sessions Judge at Cyberabad on 25.08.2012. The appellant filed a case for divorce vide O.P.No.1353 of 2012 in the Family Court at Ranga Reddy District but did not pursue the case.

2.2 The respondent filed a total of 5 criminal cases against the appellant being Crime Nos.219 of 2012, 918 of 2013, 164 of 2013, 290 of 2015 and 156 of 2021 and D.V.C.No.11 of 2016 and D.V.C. Appeal No.862 of 2019. The appellant suffered imprisonment in C.C.No.14 of 2014 and C.C.No.517 of 2014 which were registered under Section 498-A of The Indian Penal Code, 1860 on the basis of the complaint lodged by the respondent. The respondent came to live with the appellant for a few days in May, 2015 but left the appellant’s home soon thereafter and filed more criminal cases against the appellant. The Principal Junior Civil Judge–cum-XIV Additional Chief Metropolitan Magistrate at Cyberabad vide order dated 16.11.2021 dismissed C.C.No.227 of 2016 filed by the respondent against the appellant.

3. The learned Trial Court vide the impugned order dated 02.11.2021 dismissed the appellant’s petition for divorce on the ground that the appellant had failed to establish a case of cruelty for grant of divorce. The Trial Court was also of the view that there was insufficient material to prove the fact of desertion or any intention on the part of the respondent to bring the cohabitation to an end. The Trial Court laid emphasis on the respondent coming to live with the appellant for a few days which according to the Trial Court was found to be reason enough for discounting the earlier criminal cases filed by the respondent against the appellant.

4. The impugned order, however, specifically records that the parties need to be protected from unending litigation and that the respondent had filed multiple criminal cases against the appellant.

5. Counsel appearing for the appellant submits that the respondent has caused physical and mental cruelty to the appellant by filing one criminal case after another against the appellant. Counsel further submits that the respondent deserted the appellant by leaving the matrimonial home in 2011 and that the respondent subsequently came to live with the appellant in May, 2015 only for a few days after which the respondent filed two more criminal cases. Counsel submits that the Trial Court ought to have allowed the appellant’s petition for divorce.

6. Counsel appearing for the respondent does not dispute the fact of the respondent filing 5 criminal complaints against the appellant. The only point raised by counsel is that the appellant will not maintain the respondent if the appellant is granted a decree of divorce.

7. It is important to see the law relevant to the issue at hand since scores of cases are being filed nowadays under Section 13(1) of the Act on one or more of the grounds under the said provision i.e., dissolution of marriage by a decree of divorce.

8. The most common grounds for