Lodging False Case U/S 498A IPC Is An Element Of Cruelty By Wife, Cannot Ignore The Same: Calcutta High Court Allows Dissolution Of Marriage

The Calcutta High Court has recently held that a wife making false allegations against her husband & his family members under section 498A of the IPC would constitute an element of the offence of cruelty, which is a ground for dissolution of marriage under the Hindu Marriage Act (HMA).In allowing the husband's plea for dissolution of marriage, a division bench of Justice Harish Tandon and Justice Madhuresh Prasad held:Interestingly, the wife in her evidence categorically deposed that she initiated the proceeding under Section 498A/406 of the IPC on the advice of the learned Advocate. The said proceeding ended in an acquittal of all the accused named therein including the husband. Lodging a false criminal case under Section 498A/406 of the IPC is also one of the element of cruelty and, therefore, the Court cannot ignore the same while considering the appeal on merit. The Court was seized of an appeal moved by the wife against the order of the trial court which allowed the husband's plea for dissolution of marriage on grounds of mental cruelty and desertion. It was alleged by the husband that the wife was quarrelsome and would demand money and for the property of her father-in-law to be transferred in her name. It was submitted that the wife would not carry out her household responsibilities or care for her ailing mother-in-law, but rather after giving birth to a child, she left the matrimonial home without any cause and deserted the husband. Various other grounds for cruelty were also raised, including the fact that the wife's cousin had assaulted the respondent-husband and his family members.On the other hand, it was alleged by the wife that the husband never took care of her, and even when she was pregnant, all the expenditure was borne by her father.It was further alleged that even after the birth of their child, the husband never visited them.However, while giving evidence before the trial court, she claimed that the parents-in-law, as well as the husband, had visited her in the nursing home and on such basis the trial court found that her evidence was doubtful and not trustworthy.Court found through the evidence, that not only had the in-laws supported the wife's studies, but they also attended to her when she was pregnant and admitted to the hospital. In deciding the question of cruelty in this case, it held that the complexity of defining cruelty at the behest of one spouse against another was the most difficult task faced by the court due to the absence of a definition for the same.It thus relied on various Apex Court judgements in order to make out the cardinal elements for the offence of cruelty as laid down in the HMA, and held that the Court would be empowered to look at subsequent developments even after cruelty was alleged to arrive at a verdict regarding the same. Accordingly, in noting that during the pendency of the appeal, the wife had admitted that she had only filed a proceeding u/s 498A of the IPC against her husband and in-laws on the advice of her advocate, due to which the respondents had to surrender, obtain a bail order, and face trial before the Judicial Magistrate, the Court held that such actions of the wife would tantamount to elements of cruelty. It thus dismissed the appeal and upheld the order of the trial court dissolving the marriage. Citation: 2024 LiveLaw (Cal) 3Case Name: Poulami Biswas v Shamik BiswasClick here to read/download order

Lodging False Case U/S 498A IPC Is An Element Of Cruelty By Wife, Cannot Ignore The Same: Calcutta High Court Allows Dissolution Of Marriage

Srinjoy Das