Allahabad HC grants divorce citing cruelty to wife and awards permanent maintenance of 1 Crore

The Allahabad High Court dissolved a marriage between the parties on the grounds that despite the absence of direct evidence of cruelty in their daily lives, the wife’s actions, including filing false criminal complaints and sustained litigation, constituted cruelty. The appellant-husband appealed against the order of the Additional Principal Judge of the Family Court. The original divorce petition was filed by the husband under Section 13(1) of the Hindu Marriage Act, 1955. The marriage between the parties took place in 2002. The husband originally received a unilateral divorce decree in 2016, but his wife filed a motion for recall, which was granted. Subsequently, the divorce petition was restored and both parties presented their respective cases to the court.

A bench of Justice Saumitra Dayal Singh and Justice Arun Kumar Singh Deshwal said, “The above facts clearly establish that both parties have filed criminal cases against each other and have serious disputes over the properties.” Apart from this, both parties also make allegations against each other that they had an extramarital relationship, so forcing them to live together despite their intense hatred for each other would amount to cruelty.”

Advocate Ankit Srivastava represented the complainant.

The husband’s lawyer argued that the wife had filed false criminal complaints against him, including charges under Sections 498A, 420 and 377 IPC. These allegations were deemed false and the husband was acquitted in the relevant cases. The husband alleged that these false complaints and other litigation caused mental anguish and constituted cruelty. He also claimed that both parties had been living separately since 2014 and that there was no chance of reconciliation due to the bitterness of these legal disputes.

The court evaluated the evidence presented by both parties. It stated that although the husband did not explicitly demonstrate cruelty in his everyday life, the wife’s actions, including filing false criminal complaints and ongoing litigation, constituted cruelty. The court said, “Though the appellant has not been able to clearly establish the cruelty on the part of the respondent in his daily life till the filing of the divorce petition, the fact that the respondent had filed a case is also undisputed” under Sections 498A, 420 506 and 507 IPC in 2014 before the plaintiff filed the divorce petition. Although the police had filed a chargesheet under Section 420 IPC in this case and Section 498A IPC was deleted, the court concerned subsequently acquitted the complainant under Section 420 IPC as well. Similarly, in Crime No. 17 of 2018 case under Section 377 IPC filed by the respondent during the pendency of the divorce petition, the police had submitted a final report.”

The court referred to precedents including the case of Naveen Kohli v. Neelu Kohli, 2006 (4) SCC 558 to hold that filing false complaints against a spouse constitutes cruelty.

The court noted: “In the present case, both parties have accused each other of failing to maintain the sanctity of marriage and engaging in an extramarital relationship, and they have been living separately for more than ten years and have filed a number of complaints Criminal complaint was filed by the respondent against the complainant and every effort was made to harass and torture him. The complainant had also filed a lawsuit against the defendant. Even at this stage, the respondent is not willing to enter into mediation with the complainant.” The court concluded that it would be harmful to force the parties to live together. The court therefore dissolved the marriage, citing both the cruelty suffered by the husband and the irretrievable breakdown of the marriage.

The court, therefore, directed the husband to pay Rs 1,00,00,000 (One Crore) to the wife as permanent maintenance within three months. In the event of late payment, an interest rate of 6% per annum will apply from the date of judgment to the date of payment.

The court allowed the husband’s appeal, reversed the lower court’s decision and dissolved the marriage on the grounds that the husband had suffered cruelty and the marriage had irretrievably broken down.

Title of the case: Ashok Jha v. Pratibha Jha, [2023:AHC:198706-DB]

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