Sec.13(1)(ia) of the Hindu Marriage Act –Divorce O.P. filed after wife filed criminal complaint – objections not raised that no evidence and no amount arguments can be considered etc., at the time of the evidence & at the time of arguments that without pleadings that the wife filed false criminal case and subjected him and his family members for mental cruelty – it is settled law that if a false criminal complaint is preferred by either spouse it would invariably and indubitably constitute matrimonial cruelty, such as would entitle the other spouse to claim a divorce.

Sec.13(1)(ia)  of  the  Hindu Marriage Act –Divorce O.P. filed after wife filed criminal complaint – objections not raised that no evidence and no amount arguments can be considered etc., at the time of the evidence  & at the time of arguments that without pleadings that the wife filed false criminal case and subjected him and his family members for mental cruelty – it is settled law that if a false criminal complaint is preferred by  either  spouse  it would invariably and indubitably constitute  matrimonial  cruelty,  such  as would entitle the other spouse to claim a divorce. 

    It is  now  beyond
cavil that if a false criminal complaint is preferred by  either  spouse  it
would invariably and indubitably constitute  matrimonial  cruelty,  such  as
would entitle the other spouse to claim a divorce.
 When  evidence  was
lead, as also when arguments were addressed, objection had not  been  raised
on behalf of the Respondent-Wife that this aspect of cruelty was beyond  the
pleadings.   We are, therefore, not impressed by  this  argument  raised  on
her behalf.
The Respondent-Wife has admitted in  her  cross-examination  that  she
did not mention all the incidents on which her Complaint is  predicated,  in
her statement under Section 161 of the Cr.P.C.   
It is  not  her  case  that
she had actually narrated all these facts to the Investigating Officer,  but
that he had neglected to mention them.   
This, it seems to  us,  is  clearly
indicative  of  the  fact  that  the  criminal  complaint  was  a  contrived
afterthought.    
We affirm the view of the  High  Court  that  the  criminal
complaint was “ill advised”. Adding thereto is  the  factor  that  the  High
Court had been informed  of  the  acquittal  of  the  Appellant-Husband  and
members of his family.  
In these circumstances,  the  High  Court  ought  to
have concluded that the Respondent-Wife knowingly and intentionally filed  a
false complaint, calculated to embarrass and incarcerate the  Appellant  and
seven  members  of  his  family  and  that   such   conduct   unquestionably
constitutes  cruelty  as  postulated  in  Section  13(1)(ia)  of  the  Hindu
Marriage Act.

We unequivocally find that the Respondent-Wife  had
filed a false criminal complaint, and even one such complaint is  sufficient
to constitute matrimonial cruelty.
We, accordingly, dissolve the marriage of the  parties  under  Section
13(1)(ia) of  the  Hindu  Marriage  Act


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