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False cases against spouse amount to cruelty: Calcutta High Court backs divorce
The woman had made unsubstantiated allegations against the estranged husband, including accusations of an illicit relationship, the Calcutta High Court said, noting that their rift had reached a point of no return.
On the issue of permanent alimony, the Calcutta High Court declined to grant relief to the wife, noting that she had not filed any application for the same. (Image generated using AI)
Calcutta High Court divorce ruling: The Calcutta High Court recently upheld a trial court’s decree of divorce granted to a husband on the grounds of cruelty, observing that the estranged wife’s false complaints to malign the man and his family created mental agony, which fell within the ambit of mental cruelty.
A bench of Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya dismissed an appeal filed by the wife challenging a 2021 judgment that had dissolved the marriage.
“The consistent efforts of the appellant-wife and her family was to malign the husband and his family by lodging one false complaint after the other, even after institution of the suit, thereby creating mental agony…,” the Calcutta High Court noted in its order dated April 6.
“The cumulative effect of the said attempts was sufficient to make it impossible for the parties to live together as spouses, which comes within the ambit of mental cruelty entitling the husband to divorce,” it added.
Lodging criminal complaints
The woman’s counsel had argued that the husband had failed to prove cruelty. It was further contended that the mere acquittal of the man in the criminal cases initiated by the wife does not amount to cruelty by her.
On the other hand, the man’s counsel submitted that the wife’s habit of lodging criminal complaints against the husband and his family caused them mental agony. It was pointed out that the parties had been separated for 17 years, indicating an irretrievable breakdown of the marriage.
The Calcutta High Court noted that the man’s acquittal in the criminal cases lodged by his wife clearly indicated that the allegations were baseless.
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The court observed that the woman had made unsubstantiated allegations against the husband’s character, including accusations of an illicit relationship with a family member. It also noted that the rift between the parties had reached a point of no return.
“The circumstances of the case clearly indicate that the rift between the parties has reached a point of no return and their marriage has spent its shelf-life long back,’ the Calcutta High Court bench observed.
“Although irretrievable breakdown of marriage, by itself, is not a ground for divorce, it comes within the ambit of cruelty and, as such, is a valid ground under Section 13 (1) (ia) of the Hindu Marriage Act for grant of a divorce decree,” it held.
On alimony
On the issue of permanent alimony, the court declined to grant relief to the wife, noting that she had not filed any application under Section 25 of the Hindu Marriage Act before either the trial court or the Calcutta High Court. However, it clarified that the wife remains free to seek permanent alimony through a proper application.
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“We make it clear that the appellant-wife will be at liberty to take out a proper application for permanent alimony under Section 25 of the Hindu Marriage Act before the competent civil court having jurisdiction,” the Calcutta High Court said, while dismissing the appeal.
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