Wife Filing False Case Against Husband, In-Laws To Correct His Behaviour Is Cruelty, Not Acceptable In Marital Relations: Bombay High Court

A wife filing a false complaint against her husband just for correcting his behaviour would not find place in harmonious relations a married couple would maintain normally and the same will amount to cruelty, the Bombay High Court held recently. 

A division bench of Justices Girish Kulkarni and Advait Sethna refused to interfere with the decision of a Family Court, which while granting divorce to a couple noted the fact that the wife had lodged a false case against the husband and his family members, which caused them mental cruelty. 

"We may observe that the husband and his family members being subjected to false criminal proceedings and the ordeal of such serious charges being faced by them that too for the reason that the wife wanted to correct the behaviour of the husband, would find no place in the harmonious relations of mutual trust, respect and affection, a married couple would normally maintain. Also, once the mind of a spouse is corrupted to resort to a false prosecution against a spouse, it is certain that the spouse has lost all reasonableness and rationality to maintain solemnity of the marriage," the bench said in the order passed on January 3.

The judges further added that once there is a dent to such essential values, on the foundation of which a marriage rests, by a false and draconian action of a criminal prosecution being resorted by either spouse, it is in the realm of cruelty which would be a ground for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

"Thus, such actions on the part of the wife of resorting to a false prosecution, was certainly a sufficient ground, entitling the husband for a divorce on the ground of cruelty. The principles of law in this regard are well settled," the judges held.

In the present case, the judges said that the wife never realised the effect of the husband and his relatives being dragged into a false prosecution of such serious offences.

"Further, the social stigma and unwarranted harassment caused to the husband and his family members is another significant aspect of the sufferings of the husband and his family members. The Judge of the Family Court is, therefore, correct in his observations that a strong case for divorce on the ground of cruelty was made out by the husband so as to decree the Marriage Petition filed by him," the bench opined.

The judges, therefore, found no perversity in the judgment of the Family Court and therefore, upheld the same and dismissed the wife's appeal. 

Appearance: 

Advocates Omkar Nagvekar and Prabha Badadare appeared for the Husband.

Advocate Dushyant Pagare represented the Wife.

Case Title: VC vs RC (Family Court Appeal 155 of 2018)

Citation: 2025 LiveLaw (Bom) 18

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