Divorce — Cruelty — can be physical and mental –mental cruelty can be more damaging than physical cruelty– wife making serious allegation against husband in her reply to notice and in her written statement

Shobha vs Mhatardev Tukaram Lomte

Bombay HC, Aurangabad Bench

26/06/2009

SECOND APPEAL NO.135 OF 2009 WITH CIVIL APPLICATION NO.348 OF 2008

About/from the judgment:

Hindu Marriage Act . S 13 ,– Divorce — Cruelty — can be physical and mental –mental cruelty can be more damaging than physical cruelty– wife making serious allegation against husband in her reply to notice and in her written statement — wife admitting in her cross examination that before making allegation of illicit relations of husband with other ladies she did not make any inquiry and nobody gave her information about the same–making serious allegation against opponent in writing itself amounts to mental cruelty –Husband entitled to divorce (para 8 ;9; 10)

 

It is clear that making serious allegations against opponent in writing itself amount to a mental cruelty. Even Apex Court in another matter of G.V.N. Kameswara Rao vs G. Jabilli reported in (2002) 2 S.C.C. 296, held that false police complaint and consequent loss of reputation and standing in society at the instance of one's spouse, held, would amount to cruelty. Not only that, with the help of police in criminal complaint, she arrested the respondent for recovery of her maintenance. Whereas, it is the case of respondent that he used to pay her maintenance within time and in spite of that, the appellant with mala fide intention filed criminal complaint and harassed the respondent. Learned Counsel appearing on behalf of the respondent submitted that after decree of divorce, the respondent married with another lady and he is residing with another lady for last several years and therefore, nothing will come out from the present litigation.

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