Filing demonstrably false and malicious criminal complaints against a spouse or their family members, which lack evidence or are inconsistent with facts, constitutes mental cruelty, providing a valid ground for divorce under matrimonial law.

ORDER :

Deepak Khot, J.

Appellant has filed this appeal under Section 19 of the Family Court Act, 1984 being aggrieved by the judgment and decree dated 20th December, 2023 passed in RCS HM No. 27 of 2022 by the Principal Judge, Link Family Court, District Umariya, whereby the learned court below has allowed the application under Section 13 of the Hindu Marriage Act filed by the respondent.

2. Facts of the case, in short, are that the respondent/husband has filed an application under Section 13 of the Hindu Marriage Act seeking divorce against the appellant/wife bearing RCS HM 27of 2022 on 21 March 2022.2.

3. As per the averments in the application, the marriage between the parties was solemnized on 18" April 2016 as per Hindu rites and customs, at village Lakhaha, Tahsil Rampur Baghelan, Amarpatan, District Satna, M.P. After completion of successful two year of marriage, as averred in the appeal, the appellant has deliberately implicated the respondent and his family members in false and fabricated cases on 14 Aug. 2017. The respondent was trying to bring the appellant with him but the appellant and her family members refused and abused the respondent. Thereafter, the respondent sent legal notice to the appellant and the same was returned with an endorsement that the notice is unserved as the house was locked. The respondent has made his best efforts to restitute the conjugal relationship with the appellant, but in vain. Consequently, when no option left with the respondent/husband, he filed an application under Section 13 of the Hindu Marriage Act seeking decree of divorce.

4. The appellant filed her written statement denying all the allegations made against her. In the said written statement, the appellant specifically averred that her father-in-law had cast evil intentions upon her. The appellant further stated that she had informed the respondent/husband about the said conduct of his father; however, the respondent did not take the matter seriously and, on the contrary, directed the appellant to obey the instructions of his father. The appellant objected to such conduct, but in retaliation to her objection, the respondent and his family members allegedly started demanding dowry from her. Disgruntled with the said acts, the appellant lodged an F.I.R. under Sections 354 and 498-A of the Indian Penal Code at Police Station Indawar against the respondent.

5. It is further stated that although the appellant has been granted maintenance under Section 125 of the Code of Criminal Procedure, but a sum of Rs. 65,500/- is due towards arrears of maintenance. In view of the above facts and circumstances, the appellant prayed before the learned Court below for rejection of the application filed by the respondent under Section 13 of the Hindu Marriage Act. However, after considering and appreciating the evidence, statements of the witnesses, and pleadings of the rival parties, the learned Court below allowed the application filed under Section 13 of the Hindu Marriage Act and granted a decree of divorce in favour of the respondent vide judgment and decree dated 20th December, 2023 (Annexure A/1). Hence, the present first appeal.

6. It is submitted by the counsel for the appellant that court below has erred in law and on facts in holding that the appellant committed cruelty and lodged a false and fabricated F.I.R. under Sections 354 and 498-A of the Indian Penal Code against the respondent and his family members. The learned Court below failed to consider the material fact that the said c