Madhya Pradesh High Court Grants Divorce to Husband on Grounds of Cruelty
False Allegations by Wife Regarding Husband's Moral Character Amount to Cruelty, Says Court
In a significant judgment, the Madhya Pradesh High Court at Jabalpur has granted a decree of divorce to Tushar Belapurkar, the appellant, on the grounds of cruelty, reversing the earlier decision of judicial separation. The bench, comprising Justices Vishal Dhagat and Anuradha Shukla, found that the false and baseless allegations made by the respondent, Smt. Ashwini, regarding the appellant's moral character constituted mental cruelty, thus entitling the husband to divorce.
The case, First Appeal No. 930 of 2024, revolved around allegations made by the wife about the husband's character, which she failed to substantiate with evidence. The judgment noted that such unsubstantiated allegations caused significant mental agony and contributed to the breakdown of the marital relationship.
The couple, married since December 2002, had been living separately since 2019. Despite the wife's claims of attempts to resume marital ties, the evidence pointed to a lack of intention to maintain the marriage, especially given her accusations against the husband. The court observed that the wife's allegations were made in petitions under Section 125 of the Criminal Procedure Code and the Protection of Women from Domestic Violence Act, 2005, but she failed to provide credible evidence to support her claims.
The judgment emphasized that making baseless allegations about a spouse's moral character not only causes emotional distress but also irreparably damages the marital bond. The court referenced precedents, including Chanderkala Trivedi v. Dr. S.P. Trivedi and V. Bhagat v. D. Bhagat, where similar allegations were deemed grounds for divorce due to their impact on the marriage.
While the appellant also raised desertion as a ground for divorce, the court found no merit in this claim, noting continued interactions and family engagement between the parties up to 2022-2023. The wife's use of the husband's credit card and their shared family time negated the claim of desertion, as per the court's findings.
Ultimately, the court concluded that the husband's request for divorce was justified on the grounds of cruelty, as the wife's actions had subjected him to severe mental distress. The court dismissed the wife's cross-objection seeking restoration of marital ties and directed the dissolution of the marriage.
The judgment underscores the serious nature of false accusations in marital disputes and their impact on the parties involved. It sets a precedent for handling cases where allegations are made without substantial evidence, highlighting the importance of credible claims in divorce proceedings.
Bottom Line:
Hindu Marriage Act, 1955 - Divorce on the grounds of cruelty - False and baseless allegations about moral character causing mental agony to the spouse amount to cruelty. Husband entitled to divorce on grounds of cruelty; desertion not proved.
Statutory provision(s): Hindu Marriage Act, 1955 Section 13(1)(ia), Hindu Marriage Act, 1955 Section 13(1)(ib), Section 125 Cr.P.C., Section 9 of Hindu Marriage Act, Section 12 of Protection of Women from Domestic Violence Act, 2005
Tushar Belapurkar v. Smt. Ashwini, (Madhya Pradesh)(Jabalpur)(DB) : Law Finder Doc Id # 2793767
