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2025 Supreme(Online)(MP) 7818
HIGH COURT OF MADHYA PRADESH
Hemraj Raghuvanshi – Appellant
Versus
Smt Chhaya – Respondent
FA 811/2023
Rishikesh Bohare,
Headnote:(A) Hindu Marriage Act, 1955 - Section 13(1)(i-a) - Family Courts Act, 1984 - Section 19 - Divorce on grounds of cruelty and desertion - Dismissal of divorce application by Family Court - Appeal - Consideration of mental cruelty and desertion - Filing of false criminal complaints by wife against husband and his family members - Acquittal of husband and family members - Unsubstantiated allegations of dowry demands - Long separation - Irretrievable breakdown of marriage - Grant of divorce - Permanent alimony - Quantum of Rs.7,00,000/- in two installments. (Paras 6, 9, 23, 24, 25, 27)
(B) Mental cruelty - Definition - Cannot be comprehensively defined - Each case depends on its own facts - Mental cruelty is conduct inflicting mental pain and suffering making it not possible for the party to live with the other - Filing of false complaint against husband and his family members constitutes mental cruelty. (Paras 10, 12, 13, 15, 16, 17, 18, 19, 20, 21)
(C) Desertion - Essential conditions - Factum of separation and intention to bring cohabitation permanently to an end (animus deserendi) on part of deserting spouse - Absence of consent and absence of conduct giving reasonable cause to leave on part of deserted spouse. (Para 22)
Facts of the case:
Marriage between appellant/husband and respondent/wife was solemnized on 24.06.2012. According to appellant, after few days of marriage, respondent started committing cruelty, raised disputes, used to talk on mobile during night with unknown persons, and avoided household work. On 07.04.2014, respondent left the matrimonial home taking jewellery and lodged a report against appellant and his relatives at Police Station. Appellant sent a legal notice for restitution of conjugal rights but respondent did not return. Appellant filed application under Section 13 of the Hindu Marriage Act for divorce on grounds of cruelty and desertion, which was dismissed by the Family Court. Respondent denied allegations and claimed appellant deserted her after beating. Appellant and his family were acquitted from criminal cases filed by respondent.
Findings of Court:
The Court found that respondent lodged false criminal cases against appellant and his family members which resulted in acquittal. Such false accusations constitute mental cruelty. The marriage has irretrievably broken down with no chance of reunion after approximately 11 years of separation and bitterness. Appellant proved cruelty and desertion. The Family Court's dismissal was set aside. Permanent alimony of Rs.7,00,000 was ordered.
Issues: Whether husband is entitled for a decree of divorce on ground of mental cruelty and desertion?
Ratio Decidendi: Filing of false criminal complaints by a spouse against the other spouse and their family members, which result in acquittal, amounts to mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act. Long separation and irretrievable breakdown of marriage also support grant of divorce.
Result: Appeal allowed. Marriage dissolved. Decree of divorce granted.
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK &
HON'BLE SHRI JUSTICE PUSHPENDRA YADAV FIRST APPEAL No. 811 of 2023 HEMRAJ RAGHUVANSHI Versus SMT CHHAYA ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Appearance:
Shri Rishikesh Bohare - Advocate for the appellant.
Shri Deependra Singhh Raghuvanshi - Advocate for the respondent.
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O R D E R
(Passed on this 28th day of October 2025)
Per: Justice Anand Pathak The present appeal under Section 19 of the Family Courts Act, 1984 has been filed by appellant/husband being aggrieved by the judgment and decree dated 27.02.2023 passed by the Principal Judge, Family Court, Guna (hereinafter it would be referred to as '' the Family Court'') in RCSHM No.71 of 2018, whereby the application filed by appellant under Section 13 of the Hindu Marriage Act [hereinafter shall be referred to as "the Act"] for grant Signature Not Verified Signed by: VARSHA of divorce on the ground of ''cruelty and desertion'' has been dismissed. 2. Precisely stated, facts of the case, are that marriage of appellant and respondent was solemnized on 24.06.2012 in accordance with Hindu customary rites and rituals. Out of their wedlock, a female child was born. As per averments of appellant/husband, after few days of marriage, respondent started to commit cruelty by raising disputes. She used to talk on mobile during night with unknown persons. She used to avoid household works. On 07.04.2014, respondent left the matrimonial home taking the entire jewellery with her. She also lodged a report against appellant and other relatives at Police Station Cantt, Guna. The appellant made all the efforts to live with the respondent but she refused and misbehaved with him. On 11.04.2014, appellant sent a legal notice to the respondent for restitution of conjugal rights. Even after receipt of notice, she did not come to live with him. Due to the disputes between the appellant and the respondent, it is not possible for them to live together. On such grounds, appellant filed application under Section 13 of the Act for dissolution of marriage.
3. In reply, respondent/wife denied the allegations of her husband.
She also denied the allegation of talking on mobile with unknown person during night. It is stated by her that on 07.04.2014, appellant and his mother locked her in a room and also beaten her, due to which, she lodged a report at Police Station. The appellant did not make any effort to keep her with him. She did not receive any notice from the appellant as alleged. It is submitted Signature Not Verified Signed by: VARSHA that appellant deserted her after beating and she is living accompanied her daughter separately due to cruelty committed by the appellant. On such grounds, she prayed for dismissal of divorce application.
4. On the basis of pleadings of both the parties, the Family Court framed the issues. Appellant/husband in his support, examined himself as AW-1, Phoolbai (AW-2), whereas respondent/wife examined herself as NAW- 1 and Ramveer Singh Raghuvanshi (NAW-2). In support of defence, both the parties also produced documentary evidence.
5. After marshalling oral as well as documentary evidence on record, vide impugned judgment and decree dated 27.02.2023, the Family Court, dismissed the application filed by appellant/husband under Section 13 of the Act holding therein that the appellant is not entitl
