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The court should grant divorce to husband if wife makes unsubstantiated criminal complaint against husband and his family

The court should grant divorce to husband if wife makes unsubstantiated criminal complaint against husband and his family

Ritesh Babbar Vs Kiran Babbar

Delhi HC


MAT.APP.(F.C.) 247/2019

About/from the judgment:

The Supreme Court in the case of K. Srinivas Rao v. D.A. Deepa (2013) 5 SCC 226 has held that making unfounded allegations against the spouse or his relatives in the pleadings, filing of complaints etc. which may have adverse impact on the job of the spouse in the facts of a case, amounts to causing mental cruelty to the other spouse. The same view was expressed by the Supreme Court in the case of K. Srinivas v. K. Suneetha (2014) 16 SCC 34. {Para 34}

47. It is a settled position that leveling of unsubstantiated allegations in the pleadings or otherwise amount to mental cruelty under Section 13(1)(ia) of the Act (See AS v. SNS 226 (2016) DLT 565 Manisha Sandeep Gade v. Sandeep Vinayak Gade AIR 2005 Bom. 180). VimlaBalani (supra) Mahendra Kumar Sharma (supra) and Jayanta Nandi (supra).

48. Thus the writing of the complaint to the CAW cell (Ex. RW-1/5) tantamounted to causing grave mental agony and cruelty to the respondent as it contained serious and baseless allegations against the respondent and his family members of demanding dowry from the appellant and her parents and also of the respondent maintaining illicit relations with other women. The said allegations were nothing short of character assassination of the respondent. The making of such serious allegations must have caused grave mental agony to the respondent and his claim that the matrimonial bond has been destroyed on that account cannot be negated. The respondent has a reasonable ground to believe that living with the appellant may again lead to serious injury to his name and reputation and to that of his family. The finding of the learned ADJ on this aspect is therefore affirmed.

40. In this view of the matter, we are of the view that the appellant has been able to make out a case of being subjected to cruelty and desertion at the hands of the respondent. We are unable to agree with the findings of the Family Court. That the appellant is entitled to succeed on both the grounds i.e. Sections 13(1)(ia) and 13(1)(ib). The facts and circumstances that lead us to the following conclusion are:-

i. The respondent-wife filed an unsubstantiated criminal complaint against the Appellant and his family members which caused them immense mental cruelty and agony.

ii. The Respondent-wife made several contradictory and unsubstantiated allegations in her written statements, complaint before the CAW Cell, and her evidence by way of affidavit. The Respondent failed to prove and establish the averments she made, which itself amounts to mental cruelty. In respect of her testimony, she stood discredited in the light of the said contradictions.

iii. As far as the relations between the parties are concerned, they are sufficiently beyond repair. Both the Appellant and the Respondent allege acts of cruelty against each other.

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