The Delhi High Court has upheld the divorce granted to a judicial officer, whose estranged wife had levelled "false allegations" including dowry demand against him, on the ground that he was treated with "mental cruelty" and his life was made "miserable" by the woman.
The high court dismissed the appeal filed by the woman challenging the divorce decree and said the family court's order deserves to be affirmed on the ground of mental cruelty.
"We are of the view that the appellant/wife has treated the respondent/husband with cruelty and made the life of the husband miserable by levelling false allegations against him. Four consecutive closure reports by four different investigating officers in favour of the husband also point towards the harassment faced by him
"The matter was again re-investigated upon the directions of the High Court of Allahabad and yet again a closure report was filed by the Police officials. The conduct of the wife shows rift between the parties," a bench of Justice G S Sistani and Jyoti Singh said.
The court said after taking into account all the complaints made by the woman and her father against the man, it can be inferred that the husband has been treated with mental cruelty and faced ignominy being a judicial officer.
It noted that the woman and her father had made various complaints in 2001 against the man to the President, Chief Justice of India, Prime Minister, Governor of Uttar Pradesh, Chief Justice of Allahabad High Court, concerned District Judges and also to the Bar Associations.
The court said the woman had categorically admitted that she had filed all the complaints against her husband to teach him a lesson as he had filed a petition seeking divorce from her
The man and the woman had got married in 1995 and two children were born from the wedlock, both are major now and staying with their mother after separation in 2001.
The woman had made allegations of demand of dowry, promiscuity and lodged an FIR against the man for the alleged offences of harassment and criminal breach of trust.
More From This Section
The man had sought divorce saying he is a judicial officer, who has faced the brunt of repeated complaints being made to the Chief Justice of India, Chief Justice of Allahabad High Court and other judges, and his wife had indulged in every form of cruelty to browbeat him.
He had alleged that several news articles were published against him by his wife and the wild allegations, which were false, frivolous, unfounded and baseless, were made to lower his image.
The high court, while deciding the woman's appeal, said there is no doubt that irretrievable breakdown of marriage by itself is not a ground under Hindu Marriage Act (HMA), on which alone a decree of divorce can be passed.
However, the irretrievable breakdown of marriage is a circumstance which the court can take into account when cruelty is proved and blend them together, it said.
"There is no doubt that irretrievable breakdown of marriage has been blended with cruelty in recent judgments so as to dissolve the marriage between the parties, where the marriage is completely dead and beyond repair. In the present case, we find that the marriage is beyond salvage and the parties are living separately for the last more than 18 years. Thus, there is no possibility between the parties to reside together," it said.
The bench said keeping in view that the man is looking after the needs of the grown up children and undertook to pay all the necessary expenses at the time of their marriages, it does not find any infirmity in the view taken by the family court.
Disclaimer: No Business Standard Journalist was involved in creation of this content
