The act of filing and persistently litigating unfounded criminal complaints against a spouse, even after an acquittal, constitutes mental cruelty under the Hindu Marriage Act, 1955, as it inflicts sustained emotional distress rendering the marital relationship unsustainable.

ORDER

(Order of the Court was made by C.V.Karthikeyan J.)

The respondent in H.M.O.P.No.903 of 2013 on the file of the Additional Family Court at Coimbatore, aggrieved by the Judgment dated 04.01.2018, by which Judgment, the petition filed seeking dissolution of her marriage with the petitioner therein had been allowed, is the appellant herein.

2. H.M.O.P.No.903 of 2013 has been filed by the respondent / husband seeking dissolution of marriage which had been solemnized on 09.12.2010 between him and the appellant on the ground of cruelty, under Section 13(1)(i-a) of Hindu Marriage Act, 1955.

3. In the petition filed in HMOP NO.903 of 2013, it had been contended that the respondent / husband was working as a driver in a private company. It was contended that he had completed Diploma in I.T.I. It had been further stated that the marriage between him and the appellant was solemnized on 09.12.2010. He further stated that the appellant was of a dominating character and she was also better qualified and on that ground, consistently picked up quarrels with the respondent and with his family members. It was also contended that she did not pay proper respects. By all these acts, she continuously caused mental and physical cruelty to not only the respondent but also his family members.

4. It had been stated that within a period of three months from the date of marriage, she had thrown away her Thali and that was stated to be a very significant fact which caused much mental cruelty to the respondent herein. It was also stated that she then left the matrimonial home without any reason. The respondent went over to the house of the appellant and tried to reason the issues out with her parents. However he was humiliated by them. It was contended that he was continuously humiliated by not only the appellant but by her parents. The appellant wanted to have a separate family and did not want his parents to live with her in the house. It was contended that the appellant used to pick up quarrels for no reasons whatsoever. It was also stated that the appellant did not permit the respondent to sleep at night stating that she was scared and she therefore woke up the respondent, and then she would go to sleep comfortably. She was always acting in accordance with the instructions of her mother. It was further contended that this act of continuous quarrels led to much continuous mental harassment to the respondent herein. It was further stated that she did not conceive even after a period of six months from the date of marriage and thereafter a baby shower function was allegedly held even though she had not conceived. This fact also caused mental agony to the respondent herein. The appellant and the respondent also visited a Doctor who had also issued a certificate that the appellant was suffering from some defect.

5. In these circumstances, the respondent had caused an Advocate Notice to be issued on 05.01.2013, for which the appellant issued a reply on 13.02.2013, claiming that further cohabitation with the appellant was not possible. In view of her continuous quarrels causing continuos mental agony, the petition was filed under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 seeking dissolution of marriage on the ground of cruelty.

6. The appellant had filed