Incessantly Filing Complaints Against Husband & His Family Resulting In Arrest & Damage To Reputation Amounts To Cruelty: Punjab & Haryana HC

The Punjab and Haryana High Court recently allowed the appeal by the husband against the order of the Trial Court wherein his petition under Section 13 of the Hindu Marriage Act, 1955 (HMA) for dissolution of marriage was dismissed.The bench comprising Justice Meenakshi I Mehta held that the respondent-wife has subjected the petitioner to cruelty hence, it would be impossible for the petitioner to live with her anymore. The court further observed that facts and circumstances unequivocally suggest that the wife has incessantly been filing the complaints against the petitioner and his family members that led to petitioner's arrest and he had to go behind the bars. This all has resulted in harm/damage to his image and reputation in the eyes of their relatives and the society at large. The above-discussed facts and circumstances unequivocally speak volumes of the fact that the respondent has incessantly been filing the complaints against the petitioner as well as his family members and the petitioner even had to go behind the bars in connection with one of those complaints, resulting in harm/damage to his image and reputation in the eyes of their relatives and the society at large. The petitioner alleged that the respondent-wife used to quarrel over petty matters, frequently threatened to commit suicide, and even threatened to involve him in some false complaint/case. He claimed that she lodged a complaint with the Crime Against Women Cell against him, his mother and sister as well as his uncle but later-on, she made a statement before the police authorities to the effect that she did not want to pursue her complaint further.Subsequently, it is alleged that the respondent again submitted a complaint against him and his family members there also and in pursuance of the same, the police arrested him by invoking the provisions of Sections 107/151 CrPC. However, the respondent did not make any statement before the said Authority and finally, he was discharged in the said proceedings. Even thereafter, it is alleged that the respondent kept on moving false complaints against him and his family members at Crime Against Women Cell.Court placed reliance on Apex Court's judgement in Joydeep Majumdar v. Bharti Jaiswal Majumdar 2021 (2) R.C.R. (Civil) 289 and held that the respondent has subjected the petitioner to cruelty after their marriage. The present case is squarely covered by the above-discussed observations and in the light of the same, it is held that the respondent has subjected the petitioner to cruelty after their marriage. Even otherwise, the court noted that the parties are living separately for the last 7 years and therefore, their marriage can be termed as a "dead marriage".As a sequel to the foregoing discussion, the court allowed the present appeal and set aside the impugned judgment and decree passed by the trial Court. Furthermore, the court allowed the petition filed by the petitioner-husband under Section 13 of the Act and dissolved the marriage between the parties under Section 13 of the Hindu Marriage Act, 1955. Case Title: Anmol Verma v. Radhika SareenCase No: FAO No.6969 of 2019 (O&M)Citation: 2022 LiveLaw (PH) 180Click here to read/download the judgment

Incessantly Filing Complaints Against Husband & His Family Resulting In Arrest & Damage To Reputation Amounts To Cruelty: Punjab & Haryana HC

Drishti Yadav

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