False Allegations = Mental Cruelty

In this case, the husband alleged that his wife, Mrs. Maya, does not provide food to him, used to threaten him to implicate false charges of dowry against him or his family and often said that she will kill his whole family.   After considering all the facts and circumstances of the case, the Supreme Court held that “although the expression of cruelty has not been defined in the Act, it may be physical or mental, direct or indirect. And in this case, the acts of the responden

In this case, the Supreme Court addressed the issue of character assassination and its impact on the marital relationship. The Court held that disgusting and unsubstantiated allegations regarding a spouse’s chastity and extra-marital relationships are a grave assault on the spouse’s honor and dignity. Such defamatory accusations, when made in the course of legal proceedings or cross-examinations, can amount to mental cruelty.   The judgement underscored that the quality and m

The judgement in Rani Narasimha Sastry dealt with the complexities surrounding domestic complaints. The Court made it clear that the mere act of filing a complaint, such as one for maintenance or domestic violence, cannot be equated with cruelty unless accompanied by substantive evidence.   However, if a complaint is filed and later found to be baseless or the accused is acquitted, it can be inferred that the filing of the complaint itself might have been used as a tool of ha

In the present appeal, the appellant-wife challenged the judgment passed by the Family Court on 28-11-2019, whereby her petition for the restitution of conjugal rights was dismissed and the counterclaim of the respondent-husband for divorce was allowed and the divorce was granted. The Division Bench of Revati Mohite Dere and Dr. Neela Gokhale*, JJ., opined that the wife’s behaviour with his husband’s employees, humiliating him in front of his friends, refusing sexual relation

The Division Bench of Renu Bhatnagar* and Navin Chawla JJ., stated that the complaints made by wife to her husband’s employer, especially those involving unsubstantiated claims of adultery, could not be treated to address the issues of any wrong done to her, as the husband’s employer had nothing to do with all such wrongs. The Court stated that irrespective of the merits of these complaints, making such derogatory and defamatory remarks in the form of complaints to the spouse

In a divorce case, the Division Bench of B.R. Gavai, CJ., and Augustine George Masih*, J., deemed it fit to invoke the power under Article 142 of the Constitution and dissolved the marriage between the parties and directed the wife, an IPS Officer, and her parents to tender unconditional apology to the husband and his family members for physical and mental trauma caused to them due to cases filed by the wife, which led to the husband and his father languishing in jail for 109

In the case of Christine Lazarus Menezes vs. Mr. Lazarus Peter Menezes (2017), the Hon'ble Bombay High Court held that filing false cases under Section 498A of the Indian Penal Code, 1860, constitutes cruelty and can be a ground for filing divorce. The details of the case are as follows:   The appellant's wife challenged the Family Court's decision that had approved the respondent's application for divorce. The Hon'ble Bombay High Court upheld the Family Court's ruling, rejec

This case set an important precedent regarding cruelty as a ground for divorce. The wife filed false criminal complaints against the husband and his family, leading to their harassment. The Supreme Court held that filing false cases constitutes mental cruelty, sufficient for granting divorce. It underscored the misuse of legal provisions and the need for judicial intervention in such matters. This case further delineated the threshold for establishing cruelty. The Court empha

In this judgment, the Supreme Court ruled that making  false allegations  of extramarital affairs or criminal conduct amounts to mental cruelty and is valid ground for divorce.   The Court stressed that marriage should be built on trust, and baseless accusations can severely damage the relationship beyond repair.