Whether Subsequent Events Can Be Taken Into Consideration While Considering Divorce Plea? Punjab & Haryana High Court Explains

The Punjab and Haryana High Court has made it clear that events subsequent to filing of divorce plea can be considered by the Court to grant divorce.

The Court noted that while the divorce plea filed by the husband was pending, he, along with his family, was acquitted in criminal cases lodged by the wife.

Justice Sudhir Singh and Justice Harsh Bunger said, "the subsequent events i.e. acquittal of the appellant- husband and his family members in the two criminal cases as noticed above, are sufficient to hold that the respondent-wife has treated the appellant-husband with cruelty. "  

These observations were made in response to the appeal filed by the husband against the order whereby the petition under Section 13 of the Hindu Marriage Act seeking divorce was dismissed.

It was alleged by the husband that from the very beginning of the marriage, the parents of the respondent-wife started interfering in the matrimonial affairs of the parties and due to the said fact the respondent-wife started misbehaving with the appellant-husband and his family members.

 A panchayat was convened wherein the wife had admitted the wrongs committed by her and felt sorry for it and, accordingly, a compromise was arrived at and reduced into writing, but on the very next date, the respondent-wife separated herself from the company of the appellant-husband and his family members. Accordingly, a decree of divorce was sought.        

In the proceeding before the family court, the wife stated that the she had been subjected to mental harassment, torture and she was beaten causing her injuries with an intention to kill her. It was further stated that it was under the said circumstances, she had to lodge FIR  under Sections 498-A, 323, 324, 307, 406 read with Section 34 IPC against her husband and in-laws.

However, the family court opined that, "though the marriage between the parties had irretrievably broken, yet that cannot be a ground to grant a decree of divorce."

While the appeal was pending before the High Court, the husband and his family was acquitted in cases lodged by the wife.

After hearing the submissions, the Court considered the question, "whether the subsequent circumstances i.e. acquittal of the appellant-husband and his parents in the criminal cases got registered by the respondent-wife, can be considered as a ground to return a finding that the respondent-wife has caused cruelty to the appellant-husband and, therefore, he is entitled to a decree of divorce on the said ground."

The bench noted that the parties have been living separately for the last more than 14 years.

It further highlighted that the husband and his family are acquitted in criminal cases filed by the wife and even appeal against the acquittal order has been dismissed.

"It is settled law that where the wife launches criminal prosecution against the appellant-husband and his family members for the various offences, including the matrimonial offences, and ultimately, the husband and his family members are acquitted by the Court finding that the allegations levelled were false and baseless, the same amounts to cruelty," opined the Court.

Reliance was placed on Narsimha Sastry v. Suneela Rani, (2020)18 SCC 247, wherein the Supreme Court has held that "once the husband is acquitted in the criminal prosecution initiated by the wife, the same amounts to cruelty and a divorce can be granted by the Court on the said ground itself."

The Court further said that "the subsequent events can be taken into consideration by a Court while considering a plea of divorce between the litigating spouses, is no more res- integra."

 Dr. (Mrs.) Malathi Ravi, M.D. v. Dr. B.V. Ravi, M.D.,[ 2014(3) RCR (Civil) 62]1 the Apex Court held as under:-

“We accept the submission of the learned counsel for the appellant that the grounds stated in the memorandum of appeal which were not established by way of evidence could not have been pressed into service or taken aid of. But, it needs no special emphasis to state that the subsequent conduct of the wife can be taken into consideration."

In the light of the above, the Court opined that, "Keeping in view the aforesaid legal position, we find that the subsequent events i.e. acquittal of the appellant- husband and his family members in the two criminal cases as noticed above, are sufficient to hold that the respondent-wife has treated the appellant-husband with cruelty. Still further keeping in view the long separation between the parties spanning over 14 years, we find that the marriage has reached a complete dead end."

Consequently, the Court set set aside the impugned judgment passed by the learned Trial Court and said that "the marriage between the parties is dissolved by a decree of divorce on the ground of cruelty."

Mr. Amit Jain, Senior Advocate with Mr. Chetan Slathia, Advocate for appellant.