‘Could jeopardise career’: Calcutta High Court grants divorce to CISF man over wife’s ‘reckless’ allegations

‘Mental agony, 8 years of separation’

• The husband is justified in contending that the unfounded allegations in the statement of his estranged wife have cast social stigma and mental agony not only on him but also on his entire family. 
• There is no such requirement in law that, in the event the parties combat each other in a matrimonial duel, they have to initiate an action for restitution of conjugal rights as a precondition for the grant of divorce.
• There is no evidence placed on record by either of the spouses that suggests they tried to unite in conjugal life during this long period of eight years of separation.
• It is noted that both husband and wife have alleged during arguments that they do not want to resume conjugal life, which indicates that the marriage between them has broken down “irretrievably”. 
• The wife categorically stated that the family members of the husband perpetrated cruelty on her and tried to kill her second daughter on February 15, 2019.
• However, she also categorically admitted in her cross-examination that she did not go to her matrimonial house after December 15, 2018, which palpably belies the allegations that her daughter was sought to be killed by her in-laws on February 15, 2019.

• The wife has not provided any evidence on record to support the allegations of his husband having an illicit relationship with the said lady.

‘False allegations, cruel behaviour’

• Appearing for the husband, advocate D K Adhikari argued that his client is a CISF employee, which is a part of the disciplined forces, and the serious allegations made in the pleadings of the wife might adversely affect his job. 
• It was also pointed out that the consistent false allegations and cruel behaviour of the wife led to mental cruelty against the husband.
• He added that the trial court failed to take into consideration the serious allegations made by the wife against his client and his family members. 
• Adhikari pointed out three instances of such allegations before the court to strengthen his case. In the first allegation, the wife claimed that the family members of the husband had tried to kill her second daughter, which was the culmination of physical and mental torture perpetrated upon her due to the birth of the second female child.
• The wife also alleged in her written statement that her husband addressed her in filthy language and instigated other persons to “temper” and to give immoral proposals to her by giving her mobile number to them.
• Thirdly, the wife also alleged in her written statement that her husband had an illicit relationship with a lady for a couple of years before the filing of her written statement, due to which she was also subjected to physical and mental torture. 
• It was also mentioned that a criminal complaint was filed by the wife alleging such physical and mental torture at the hands of her husband and his family. 
• It was also submitted that the false and baseless allegations of the wife in her written statement, by themselves, amounted to mental cruelty against the husband, on which ground alone the trial court should have decreed the suit for divorce. 

‘Ignominy, social stigma’

• Representing the wife, advocate Debrup Choudhury submitted that there was no specific cross-examination on the allegations of the wife relating to the illicit relationship of the husband, the attempt on the part of his family to kill the second daughter of the parties and regarding the husband inciting others to make indecent proposals to the wife over the mobile phone. 
• It was further pointed out that in the absence of counter suggestions in the cross-examination of the wife and her mother by the husband, such allegations should have been held to be premised on a reasonable basis. Thus, such allegations did not amount to cruelty. 
• The wife further mentioned that she specifically alleged that the family members of the husband perpetrated cruelty against the respondent due to the birth of her second female child, and on February 15, 2019, had tried to kill the daughter, when she somehow managed to rescue the child and ran away from her matrimonial home.
• She also mentioned that she is otherwise willing to sever the matrimonial tie.
• However, she added that in view of the divorce having been sought by the husband based on several allegations of cruelty by the wife, if divorce is granted, she would suffer ignominy and social stigma.