1) file for divorce on grounds of mental cruelty .
2) filing false case of 498A amounts to cruelty .
3) the judgement of trial court that it is fake case filed just to traumatize you and your family will definitely help you in obtaining divorce
Legal advice on divorce
Hi. I am dr working in Hyderabad My question is regarding divorce 1.I am married since 2004 with government teacher and having one kid aged 6yr 2. We r living separately since 2009 due to marital discord wich was not solved inspite of all efforts from both families including myself. 3 Even she put on 498a in court wich i had to fight for 4 years and went through major psychological trauma all these years and in judgement court found that i am not guilty and it was fake case just to traumatize me n my family 4 Now in this scenario i know that marriage has no meaning 5 i hv asked her to go for mutual divorce...but she is refusing to give me divorce 6 so my question is can i get divorce on cruelty besis of false case of 498a which she caused me to go through? Is this reason will be sufficient for divorce? Thank u.
Asked 9 years ago in Family Law
Religion: Hindu
8 Answers
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL NO. 66 OF 2006
Ajay Ashok Khedkar .... ..... ..... ..... Appellant.
V/s
Sou. Laleeta Ajay Khedkar..... .... ..... ....Respondent.
Mr.Hitesh Vyas, Adv. For the appellant.
Mr.Sachin S. Pande, Adv. For the respondent.
CORAM: A.P.DESHPANDE
AND
SMT. R.P. SONDURBALDOTA, JJ.
Date:12th April, 2010
Learned counsel for the appellant submits that the appellant
and his family members including ladies who did not stay along
with the appellant were arrested and detained causing utmost
humiliation and embarrassment and agony to the appellant. This
solitary incidence would itself constitute mental cruelty even if
other circumstances are not taken into account and thus the trial
court has erred in law in dismissing the divorce petition. Para 29 of
the judgment of family court deals with this aspect of the matter by
observing :
“There can not be absolutely two opinions regarding
legal proposition that if the wife filed false criminal cases
against the husband, her conduct does amount to causing
mental cruelty and torture to him, therefore, the husband
becomes entitled for a decree of divorce. The necessary
condition for constituting such legal cruelty is that the wife
has indulged into making false and reckless allegation by
filing false complaint to the police. A singular complaint filed
by wife under section 498A of IPC against the husband and
his family members can not indicate the tendency of wife to
indulge into making such false allegation.”
We fail to understand the logic behind the reasoning adopted by
the family court to hold that a singular complaint of this nature
under section 498A of IPC resulting in arrest and detention of the
family members and relatives thereby causing utmost
embarrassment, humiliation and suffering does not constitute
mental cruelty. It is illogical that more than one complaint are
necessary to be filed to constitute mental cruelty. In our view,
embarrassment, humiliation and suffering that is caused on account
of arrest and detention of appellant and his family members and
relatives in a false case does constitute mental cruelty to enable the
husband to seek decree of divorce on this sole ground. In our
considered opinion, the approach of the family court is wholly
perverse and the reasoning cannot be sustained in law. In regard to
other circumstances the family court has observed :
“At the most one can infer that this conduct of the
respondent may have caused some disharmony between the
couple but in no way it can be said that it was sufficient to
constitute a mental cruelty to petitioner or his mother.”
Without deliberating on all the circumstances in detail we are of
the clear view that cumulative effect of the behaviour and conduct
of the respondent is good enough to draw an inference that
respondent has caused utmost mental pain and suffering which
constitute mental cruelty to the appellant and hence the appellant
is entitled for decree of divorce on the ground of cruelty.
You can get divorce on the basis of your wife's false case of 498A and thereby caused mental trauma and harassment to you and hence this can be the ground for divorce.
Yes You can successfully file a petition for divorce on ground of cruelty. You will be supported by numerous citations of SC and HC wherein such a conduct of a wife tantamount to cruelty.
It is advisable to file a petition for divorce on the ground of cruelty and desertion. A ground of irretrievable breakdown of marriage on the basis of the false case of 498A can be added in the divorce petition.
1. Since she has refused to go for mutual divorce you may unilaterally file for divorce on the basis of cruelty committed by your wife.
2. Filing of false 498A, from which you have been exonerated, can be the basis of filing for divorce.
3. You have a sufficient legal ground to apply for divorce.
In K. Srinivas v. K. Sunita, 2014 SCC, held by the supreme court that if a woman's complaint accusing her husband and in-laws of cruelty under the dreaded Section 498A of Indian Penal Code turns out to be false, then the man is entitled to divorce under section 13 (1) of hindu marriage act. Her act is sufficient to constitute matrimonial cruelty.
Don't wait, file divorce petition and defamation case against her.
1. Filing false 498A complaint is considered as cruelty by the Court,
2. It has already been proved before the Court that she had filed false 498A case,
3. So, file a divorce case on the ground of cruelty for which she is not likely to get any amount towards alimony,
4. It is a good case to win now.
