We are not oblivious to the requirements of the wife to have a decent house where she can live, the bench said.
The Supreme Court has directed a husband to provide his wife Rs. 50 lakh amount and a flat worth Rs. 1 crore, even though it held that the acts of the wife in filing false complaints against the husband amounted to cruelty.
The husband had filed a divorce petition before the family court on the ground that the acts of the wife in leveling defamatory allegations and filing false complaints against him amounted to cruelty.
His plea was discarded and the high court dismissed his appeal as well. These orders were assailed in appeal before the Supreme Court.
Wife has leveled a series of petitions against husband in various forums. On 07.12.2000, she made another complaint to the Chief Minister. On 16.03.2001, these complaints were found to be false. On 12.04.2001, a First Information Report was registered at the instance of the wife against the appellant husband under Section 452, 323 and 341 of the Indian Penal Code. The police investigated the matter and filed a report on 30.04.2001 stating that there is no merit in the FIR. According to the police, the injuries on the person of the wife were self inflicted and she has filed a false FIR. It was recommended 3 that the criminal proceedings be initiated against her under Section 182 of the Indian Penal Code .
The falseness of the allegations is borne out from the fact that the police did not even find it a fit case to be tried. After the police filed its cancellation report, the wife kept silent and after 11 years, she filed a protest petition, said the court holding that the wife indeed indulged in filing false complaint.
The bench comprising Justice AK Goel and Justice Deepak Gupta set aside the findings of the high court and the family court on the cruelty aspect and found that the allegations raised in the complaints she filed were patently false, and the said conduct of a spouse levelling false accusations against the other spouse would be an act of cruelty.
The court also noted the undisputed submission of both the parties that the wife continues to live in the house which belongs to the mother of the husband whereas the husband lives along with his parents in a separate house, and the son and daughter-in-law of the parties live with the wife.
“We are not oblivious to the requirements of the wife to have a decent house where she can live. Her son and daughter-in-law may not continue to live with her forever. Therefore, some permanent arrangement has to be made for her alimony and residence,” said the court, awarding permanent alimony.
“The wife shall continue to live in the house which belongs to the mother of the husband till the husband provides her a flat of similar size in a similar locality,” the bench added.
Read the Judgment here.