False Section 498A case filed by wife to "correct" husband's behavior is cruelty: Bombay High Court

The Bombay High Court recently ruled that a wife filing a false criminal complaint against her husband under Section 498A of the Indian Penal Code (IPC) with the intention of "correcting his behaviour" constitutes cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955..A Bench of Justice G S Kulkarni and Justice Advait M Sethna said that such actions not only disrupt the harmony and trust in a marriage but also erode its foundational values making it impossible for the marriage to continue."The respondent [husband]and his family members being subjected to false criminal proceedings and the ordeal of such serious charges being faced by them that too for the reason that the appellant-wife wanted to correct the behaviour of the husband, would find no place in the harmonious relations of mutual trust, respect and affection, a married couple would normally maintain," the Court said..It further observed that once a spouse files a false criminal case against the other, it shows a loss of rationality and reason making it impossible to maintain the marriage. "Also, once the mind of a spouse is corrupted to resort to a false prosecution against a spouse, it is certain that the spouse has lost all reasonableness and rationality to maintain solemnity of the marriage. Once there is a dent to such essential values, on the foundation of which a marriage rests, by a false and draconian action of a criminal prosecution being resorted by either spouse, it is in the realm of cruelty which would be a ground for divorce," the judgment stated.The couple in this case got married in March 2006. However, they separated after a few months. Later, the wife filed a complaint under Section 498A of the Indian Penal Code against her husband alleging cruelty, but the case was ultimately dismissed by both the trial and appellate courts. Despite the acquittal, the wife continued to pursue an appeal before the High Court. .However, the family court noted that the husband had not received any notice about the appeal and the wife had only mentioned filing the appeal without providing any further details or case number.Since, the wife had continued pursuing her case and never had any interest in continuing the relation, the family court found it fit to grant the divorce. The family court granted divorce in March 2018, citing the wife’s false prosecution as the primary reason for the dissolution of the marriage. The court found that the wife admitted she had filed the complaint not to punish her husband but to change his behaviour..The family court stated that her actions were a misuse of legal proceedings and therefore, granted divorce. The Bombay High Court upheld the family court’s judgment, agreeing that the wife’s actions amounted to cruelty. "We are in agreement with the findings recorded and the view taken by the Family Court in the impugned judgment. As clearly seen, the appellant had lodged a false prosecution against the respondent, which has been concurrently affirmed by the Criminal Court. This would certainly amount to cruelty in terms of Section 13(1)(i-a) of the Hindu Marriage Act, 1955," the Court observed.There is no "perversity and illegality" in the order passed by the family court, the High Court added..Advocate Omkar Nagvekar instructed by advocate Prabha U Badadare appeared for the appellant-wife.Advocate Dushyant S Pagare appeared for the respondent-husband..[Read Judgment]