Divorce Granted Because wife filed various false complaints against Husband
In the recent case of Divorce. The High court granted divorce on the ground of the wife filing various frivolous petitions/complaint against the Husband.
The Wife has filed multiple complaints with different authorities and due to false complaints, Mental cruelty was inflicted on the husband by wife…
The Husband presented various evidences against wife, like complaint copy kalandara etc. Husband also presented various abusive messages from the wife side.
The above-discussed facts and circumstances unequivocally
speak volumes of the fact that the respondent has incessantly been filing
the complaints against the petitioner as well as his family members and the
petitioner even had to go behind the bars in connection with one of those
complaints, resulting in harm/damage to his image and reputation in the
eyes of their relatives and the society at large. It has recently been observed
by a three Judges’ Bench of the Apex Court in Joydeep Majumdar Versus
Bharti Jaiswal Majumdar 2021 (2) R.C.R. (Civil) 289 that:-
“12. When the appellant has suffered adverse
consequences in his life and career on account of the
allegations made by the respondent, the legal
consequences must follow and those cannot be
prevented only because, no Court has determined that
the allegations were false. The High Court however
felt that without any definite finding on the credibility
of the wife’s allegation, the wronged spouse would be
disentitled to relief. This is not found to be the correct
way to deal with the issue.
- Proceeding with the above understanding, the
question which requires to be answered here is
whether the conduct of the respondent would fall
within the realm of mental cruelty. Here the
allegations are levelled by a highly educated spouse
and they do have the propensity to irreparably
damage the character and reputation of the appellant.
When the reputation of the spouse is sullied amongst
his colleagues, his superiors and the society at large,
it would be difficult to expect condonation of such
To Get The Judgement..
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997
