Persistent false allegations of cruelty and emotional distress warrant granting divorce under the Special Marriage Act, establishing grounds for dissolution.

1. The present appeal arises out of a judgment dismissing petitioner's prayer for a decree of dissolution of marriage / divorce under judgment dated 16th August, 2022 in MAT Suit No. 108 of 2016.

2. The appellant was the plaintiff in the suit. It is not in dispute that the marriage between the parties took place on 24th November, 2006 under the Special Marriage Act, 1954 . The marriage was duly consummated and a female child namely, Kaustubhi Sarkar was born from the wedlock. The marriage is said to be an arranged / negotiated marriage.

3. The plaintiff alleged that soon after marriage the respondent wife became indifferent and apathetic towards the matrimonial obligations. She demonstrated a total lack of regard for the husband and in laws. She was disrespectful and used to misbehave with them. She indulged in using of abusive and filthy language against the plaintiff and his parents. Even in the presence of outsiders the wife would humiliate him. It is the case of the plaintiff that the marriage broke down irretrievably. The indecent behavior of the respondent wife was of such severity that the petitioner was ultimately compelled to leave his official quarters in the year 2012. Since then he has been living separately, with his parents.

4. The petitioner has also raised an issue that the respondent has indulged in lodging of false cases, and complaints to his superiors in the police service only to malign the petitioner. It is also alleged that on 5th May, 2016 the wife (respondent) assaulted him for which he was treated by the doctor of Sagore Dutta Hospital. The petitioner has also alleged that no conjugal relationship was subsisting between the parties as the respondent even refused to share the bed with him. The appellant has also filed application under Order XLI, R.27 of the Code of Civil Procedure bringing on record thereby additional evidence. The CAN is supplemented by a supplementary affidavit and some additional evidence has been placed on record by way of CAN 3 of 2023. He has brought on record the judgment dated 27.03.2023 passed in the criminal case arising out of G.R. No. 769 of 2017 lodged by the respondent against the appellant, his father and his mother. The respondent had alleged commission of offence under S.498 - A / 34 of the IPC and S.3 and S.4 of the Dowry Prohibition Act. The records relating to these proceedings have also been placed by way of the applications and supplementary affidavit. Some WhatsApp messages have also been brought on record. The application under Order XLI R.27 has been filed since the evidence sought to be introduced are as a result of events, such as judgment dated 27.03.2023 passed in the criminal case arising out of G.R. No. 769 of 2017, which are subsequent to filing of the present appeal. A complaint lodged by a female colleague of the appellant in the police force has also been brought on record. The female colleague has alleged that the respondent / wife has lodged the complaint merely because the female colleague was having an acquaintance with the appellant. She has alleged that baseless and defamatory allegations have been levelled against the said female colleague.

5. The totality of the circumstances according to the petitioner gives rise to a situation that constitutes cruelty to the extent that it is impossible and dangerous for the petitioner to continue in a matrimonial relationship with the respondent.

6. The respondent wife on the other hand claims to be the victim. It is her specific case that ever since the marriage took place the husband was constantly insulting her with unending accusations, caustic language and imp