Bombay High Court: The present appeal was filed by appellant-wife against the judgment and decree dated 05-03-2018 passed by the Judge, Family Court, Thane whereby the decree of divorce filed by respondent-husband on the ground of cruelty was allowed. The Division Bench of G.S. Kulkarni* and Advait M. Sethna, JJ., opined that the action of resorting to false prosecution, on the wife’s part, was a sufficient ground to entitle the husband for a divorce on the ground of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 (‘the 1955 Act’). The Court rejected the appeal as it did not find any perversity in the observations by the Judge of the Family Court in passing the impugned judgment and order.
The husband had filed a divorce on the ground of cruelty against wife stating that the wife had lodged a false prosecution against him, under the provisions of Section 498-A1 of Penal Code, 1860 (‘IPC’). The Family Court had noted the findings that the wife had falsely lodged a prosecution against her husband under Section 498-A of IPC, with a purpose not to bring home his guilt, but merely to change his behaviour.
The Court agreed with the Family Court’s findings and opined that such an act would certainly amount to cruelty as per Section 13(1)(i-a) of the 1955 Act. The Court observed that the husband and his family members being subjected to false criminal proceedings and the ordeal of such serious charges being faced by them that too because the wife wanted to correct the behaviour of the husband, would find no place in the harmonious relations of mutual trust, respect and affection, a married couple would normally maintain.
The Court opined that once there was dent to essential values, on the foundation of which a marriage rests, by a false action of a criminal prosecution being resorted by either spouse, it was in the realm of cruelty which would be a ground for divorce under Section 13(1)(i-a) of the 1955 Act.
The Court relied on Rani Narasimha Sastry v. Rani Suneela Rani, (2020) 18 SCC 247; K. Srinivas v. K. Sunita, (2014) 16 SCC 34; K. Srinivas Rao v. D.A. Deepa, (2013) 5 SCC 226 and opined that the action of resorting to false prosecution, on the wife’s part, was a sufficient ground entitling the husband for a divorce on the ground of cruelty.
The Court stated that the wife never realized the effect of the husband and his relatives being dragged into a false prosecution of such serious offences and the social stigma and unwarranted harassment caused to the husband and his family members was a significant aspect of their sufferings. Thus, the Court held that the Family Court correctly observed that a strong case for divorce on the ground of cruelty was made out by the husband to decree the marriage petition filed by him.
The Court rejected the present appeal as it did not find any perversity or illegality in the observations by the Judge of the Family Court in passing the impugned judgment and order.
[V v. R, Family Court Appeal No. 155 of 2018, decided on 03-01-2025]
*Judgment authored by: Justice G.S. Kulkarni
Advocates who appeared in this case :
For the Appellant: Omkar Nagvekar i/b. Prabha U. Badadare for the appellant.
For the Respondent: Dushyant S. Pagare for the respondent.
Buy Penal Code, 1860 HERE
1. Corresponding Sections 85 and 86 of the Nyaya Sanhita, 2023.
