10 years of strife, 2 months of marriage: Chhattisgarh High Court bins dowry FIR against divorced man

“The fact that the petition filed by petitioner No.1 (husband) under Section 13 of the Hindu Marriage Act in 2018 was allowed by the family court and decree of divorce was granted in favour of petitioner No.1 vide judgment and decree dated 17.01.2022 on the ground of cruelty committed by respondent No.2 (wife) and also considering the fact that no appeal was filed by respondent No.2 against the said decree, we are of the considered opinion that prima-facie no offence under Section 498A/34  (cruelty) of the IPC is made out for prosecuting the petitioners,” the Chhattisgarh High Court’s order read. 

Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal noted that the husband suffered from a psychiatric illness and was hospitalised for almost a month due to the conduct of his now-estranged wife.

‘2 months companionship, 10 years strife’

• It was placed on record that the couple got married in April 2016 as per Hindu rites. 
• The husband claimed that soon after marriage, the wife behaved cruelly and left the matrimonial home in June 2016. However, she allegedly briefly returned during October-November 2016. Thus, the husband claimed that she stayed with him for just two months.
• The man stated that in February 2017,  his wife visited him at his workplace in Delhi without prior notice, causing mental stress. 
• Due to her conduct, the petitioner allegedly suffered from a psychiatric illness and was hospitalised for almost a month, the Chhattisgarh High Court was informed. 
• The husband added that since then, they have been living separately. Subsequently, he filed a petition for divorce under Section 13 of the Hindu Marriage Act (cruelty) in 2018. 

• During counselling proceedings in 2018, the husband claimed that the wife admitted the dispute, expressed unwillingness to live with him and they arrived at a settlement for mutual divorce with payment of Rs 5 lakh. 
• However, the husband claimed that she failed to honour the settlement.
• Later, the wife filed a First Information Report (FIR) in August 2021, alleging cruelty and dowry demands at the hands of her husband and his relatives. 
• The husband pointed out that she also claimed that she resided with him till 2020, which is contrary to the records and her earlier statements. 
• Subsequently, the family court granted a divorce in favour of the husband by its order of January 2022 on the ground of cruelty committed by the wife. 

‘No specific details in FIR’

• The Chhattisgarh High Court noted that the complaint filed by the wife alleging cruelty and dowry demands has only made omnibus and general allegations against the husband without providing full particulars about the date and place.
• It was also found that the wife had not given details about how the family members, including her husband, treated her with cruelty for not bringing Rs 10 lakh and a Honda City Car. 
• There is no specific allegation regarding any of the petitioners, except common and general allegations against all the petitioners that they have demanded a cash amount, the Chhattisgarh High Court noted. 

Arguments 

• Appearing for the husband, advocate M P S Bhatia argued before the Chhattisgarh High Court that the FIR of August 2021 was wholly false, malicious, and an abuse of the process of law. 
• He added that the wife left the matrimonial home within a short span of the wedding and resided with her husband for less than two months in total, and they have been living separately since May 2017. 
• It was further submitted that due to the conduct of his wife, the petitioner suffered severe mental stress and was hospitalised for psychiatric treatment. 
• Advocate Sameer Oraon, appearing for the wife, opposed the submissions made by the husband before the Chhattisgarh High Court. 
• However, he did not dispute the fact that divorce had taken place between the couple and also admitted that no appeal was filed against the decree of divorce passed by the family court.