False case against spouse is cruelty & ground for divorce: SC

April 26, 2017

The Supreme Court of India held that filing false criminal complaint and making baseless allegations against the spouse amounted to cruelty under Hindu Marriage Act and divorce could be granted on that ground. The apex court allowed divorce plea of a husband on the ground that his wife filed false criminal complaint against him and also made baseless allegation of dowry demand and torture against him in letters written to various authorities including chief minister of Rajasthan and the chief justice of high court. The court noted that the allegations against the man and his family members were false and baseless as he was cleared by state police after conducting thorough inquiry. It was further said that cruelty could never be defined exactly and it would depend upon the facts and circumstances of each case. In this case it was apparent that the wife made & quot reckless, defamatory and false accusations against her husband, his family members and colleagues, which would definitely have the effect of lowering his reputation in the eyes of his peers& quot and this amounted to cruelty. In this case the couple got married in 1989 and the husband left the house in 2000 and filed a divorce petition. The wife, thereafter, filed a criminal complaint against him and his family members for torturing her. The police came to the conclusion that she had filed a false FIR and the injuries on her body were self inflicted. The husband then amended his plea for divorce and sought separation from her on the ground of cruelty. A trial court and HC dismissed his plea saying that there was no reason to hold that the criminal complaint filed by the wife was false and mala fide. The apex court quashed the order of HC and allowed husband's plea for divorce. It directed him to buy a house for her worth of Rs 1 crore and pay alimony of Rs 50 lakh. & quot Though we have held that the acts of the wife in filing false complaints against the husband amounts to cruelty, we are, however, not oblivious to the requirements of the wife to have a decent house where she can live. Therefore, some permanent arrangement has to be made for her alimony and residence,& quot it said.