HC grants divorce to Mumbai man whose wife harassed him, filed false police complaints
The Bombay high court has granted divorce to a city resident on grounds of cruelty meted out to him and his family members by his wife, who used the criminal law to harass them by filing false police complaints.
“We find that this complaint filed against the Appellant’s (husband’s) brother would certainly amount to cruelty as it has tarnished the image of the Appellant and his entire family in society and would certainly amount to cruelty as contemplated under Section 13 (1) (ia) of the Hindu Marriage Act, 1955,” said the bench of justice KK Tated and justice BP Colabawalla.
“According to us, on this ground alone the Appellant would be entitled to a decree of divorce,” it added.
The bench was referring to a false complaint lodged by the woman against her husband’s brother alleging that three persons engaged by the latter thrashed, molested her and also tore her clothes on road in Mumbai. The HC, however, found that the story was false. The bench also referred to another complaint lodged by her against her brother-in-law alleging that he threatened to kidnap her son.
“Even the police report clearly states that there are contradictory statements,” said the judges referring to this complaint. “This is yet another incident, which to our mind, would certainly amount to cruelty as contemplated under Section 13 (1) (ia) of the Hindu Marriage Act, 1955, especially when one takes into consideration that no further action was taken on this complaint by the investigating authorities as there appeared no substance in the allegations.”
The HC also took into consideration the fact that on two occasions the woman sought her husband’s arrest ordered by the family court at Bandra, although there were high court orders in favour of the husband.
The couple had married in December 2006 and have a son from earlier.
The husband had approached the family court seeking divorce on grounds of cruelty, after a spate of police complaints lodged by his wife against him and his family members
He had approached the HC after family court rejected his plea in August 2015
The HC has not only granted him divorce, but also ordered his wife to pay Rs50,000 to him towards litigation cost.