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True Colors of a Vile Wife

Tag: Filing False Criminal Complaints causes Mental Cruelty

Sivasankaran Vs Santhimeenal on 13 Sep 2021

Posted on September 16, 2021 by ShadesOfKnife

A division bench of Apex Court granted divorce to a husband, on the grounds of Cruelty apart from irretrievable breakdown of marriage.

From Paras 4 and 5,

4. Insofar as irretrievable breakdown of marriage is concerned, no doubt, it does not exist as a ground of divorce under the Act. The issue has been debated by the Law Commission in its various reports. Breakdown of marriage was incidentally considered by the Law Commission in its 59th report (1974), but the Commission made no specific recommendations in this regard. Thereafter in its 71st report (1978), the Law Commission departed from the fault theory of divorce to recognise situations where a marriage has completely broken down and there is no possibility of reconciliation. Neither party need individually be at fault for such a breakdown of the marriage – it may be the result of prolonged separation, clash of personalities, or incompatibility of the couple. As the Law Commission pithily noted, such marriages are ‘merely a shell out of which the substance is gone’. For such situations, the Commission recommended that the law be amended to provide for ‘irretrievable breakdown of marriage’ as an additional ground of divorce. This recommendation was reiterated by the Law Commission in its 217th Report in 2010, after undertaking a suo moto study of the legal issues involved. So far, the Law Commission’s recommendations have not been implemented. In 2010, the government introduced the Marriage Laws (Amendment) Bill, 2010, which inter alia proposed to add irretrievable breakdown of marriage as a new ground for divorce in both the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. After receiving suggestions from relevant stakeholders, the bill was amended and re- introduced as the Marriage Laws (Amendment) Bill, 2013. This bill was never passed.

5. The result is that, in appropriate cases, this court has granted decrees of divorce exercising its unique jurisdiction under Article 142 of the Constitution of India, to do complete justice between the parties. Such a course is being followed in varied kinds of cases, for instance where there are inter se allegations between the parties, in order to put a quietus to the matter, the parties withdraw these allegations and by mutual consent, this court itself grants divorce. There are also cases where the parties accept that there is an irretrievable breakdown of marriage and themselves request for a decree of divorce. One of the more difficult situations is where, in the opinion of the court, there is irretrievable breakdown of marriage but only one of the parties is willing to acknowledge the same and accept divorce on that account, while the other side seeks to oppose it even if it means carrying on with the marriage.

From Para 7,

7. A marriage is more than a seemingly simple union between two individuals. As a social institution, all marriages have legal, economic, cultural, and religious ramifications. The norms of a marriage and the varying degrees of legitimacy it may acquire are dictated by factors such as marriage and divorce laws, prevailing social norms, and religious dictates. Functionally, marriages are seen as a site for the propagation of social and cultural capital as they help in identifying kinship ties, regulating sexual behaviour, and consolidating property and social prestige. Families are arranged on the idea of a mutual expectation of support and amity which is meant to be experienced and acknowledged amongst its members. Once this amity breaks apart, the results can be highly devastating and stigmatizing. The primary effects of such breakdown are felt especially by women, who may find it hard to guarantee the same degree of social adjustment and support that they enjoyed while they were married.

From Para 14,

14. We are conscious that the Constitution Bench is examining the larger issue but that reference has been pending for the last five years. Living together is not a compulsory exercise. But marriage is a tie between two parties. If this tie is not working under any circumstances, we see no purpose in postponing the inevitability of the situation merely because of the pendency of the reference.

From Paras 17-19,

17. There are episodes of further harassment by the respondent even at the place of work of the appellant including insulting the appellant in front of students and professors, as is apparent from the judgment of the Trial Court. She is stated to have threatened the appellant of physical harm in front of his colleagues as per the testimony of PW.3 and complained to the appellant’s employer threatening to file a criminal complaint against him (PW.3). The first appellate court somehow brushed aside these incidents as having not been fully established on a perception of wear and tear of marriage. The moot point is that the marriage has not taken of from its inception. There can hardly be any ‘wear and tear of marriage’ where parties have not been living together for a long period of time. The parties, undisputedly, never lived together even for a day.

18. We are, thus, faced with a marriage which never took of from the first day. The marriage was never consummated and the parties have been living separately from the date of marriage for almost 20 years. The appellant remarried after 6 years of the marriage, 5 years of which were spent in Trial Court proceedings. The marriage took place soon after the decree of divorce was granted. All mediation efforts have failed.

19. In view of the legal position which we have referred to aforesaid, these continuing acts of the respondent would amount to cruelty even if the same had not arisen as a cause prior to the institution of the petition, as was found by the Trial Court. This conduct shows disintegration of marital unity and thus disintegration of the marriage.10 In fact, there was no initial integration itself which would allow disintegration afterwards. The fact that there have been continued allegations and litigative proceedings and that can amount to cruelty is an aspect taken note of by this court. 11 The marriage having not taken of from its inception and 5 years having been spent in the Trial Court, it is difficult to accept that the marriage soon after the decree of divorce, within 6 days, albeit 6 years after the initial inception of marriage, amounts to conduct which can be held against the appellant.

Sivasankaran Vs Santhimeenal on 13 Sep 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/48424234/

https://www.casemine.com/judgement/in/613f760f9e99febca989f9ba

https://www.indianemployees.com/judgments/details/sivasankaran-versus-santhimeenal

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 142 - Enforcement of decrees and orders of Supreme Court and orders as to discovery etc Catena of Landmark Judgments Filing False Criminal Complaints causes Mental Cruelty HM Act - Mental Cruelty Proved HM Act 13 - Divorce Granted to Husband Irretrievable Breakdown of Marriage Mental Cruelty Reportable Judgement or Order Sivasankaran Vs Santhimeenal | Leave a comment

Mangayarkarasi Vs M Yuvraj on 03 March 2020

Posted on April 19, 2020 by ShadesOfKnife

Supreme Court said that, acquittal from a false criminal case

From Para 15,

15. It cannot be in doubt that in an appropriate case the unsubstantiated allegation of dowry demand or such other allegation has been made and  the husband and his family members are exposed to criminal litigation and ultimately if it is found that such allegation is unwarranted and without  basis and if that act of the wife itself forms the basis for the husband to allege that mental cruelty has been inflicted on him, certainly, in such  circumstance if a petition for dissolution of marriage is filed on that ground and evidence is tendered before the original court to allege mental cruelty it could well be appreciated for the purpose of dissolving the marriage on that ground.

Mangayakarasi Vs M Yuvraj on 03 March 2020

Citations: [

Other Source links: https://indiankanoon.org/doc/39962638/

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Baseless charges Against Spouse is Cruelty Filing False Criminal Complaints causes Mental Cruelty Landmark Case Legal Procedure Explained - Interpretation of Statutes Mangayarkarasi Vs M Yuvraj Reportable Judgement or Order | Leave a comment

Raj Talreja Vs Kavita Talreja on 24 April 2017

Posted on March 25, 2020 by ShadesOfKnife

Supreme Court had that filing false complaints caused mental cruelty and thereby gives opportunity to seek divorce on the ground of Cruelty.

“11. Cruelty can never be defined with exactitude. What is cruelty will depend upon the facts and circumstances of each case. In the present case, from the facts narrated above, it is apparent that the wife made reckless, defamatory and false accusations against her husband, his family members and
colleagues, which would definitely have the effect of lowering his reputation in the eyes of his peers. Mere filing of complaints is not cruelty, if there are justifiable reasons to file the complaints. Merely because no action is taken on the complaint or after trial the accused is acquitted may not be a ground to treat such accusations of the wife as cruelty within the meaning of the Hindu Marriage Act, 1955 (for short “the Act”). However, if it is
found that the allegations are patently false, then there can be no manner of doubt that the said conduct of a spouse levelling false accusations against the other spouse would be an act of cruelty.”

Raj Talreja Vs Kavita Talreja on 24 April 2017

Citations: [2017 SCC ONLINE SC 462], [MANU/SC/0493/2017], [2017 AIR SC 2138], [2017 ALR 123 835], [2017 ALD 4 189], [2017 CHN SC 3 77], [2017 CTC 4 208], [2017 CLT 124 401], [2017 DMCSC 2 317], [2017 JLJ 3 367], [2017 JLJR 2 470], [2017 MLJ 4 190], [2017 PLJR 2 475], [2017 RCR CIVIL 2 1044], [2017 SCALE 5 413], [2017 SCJ 5 418]

Other Source links: https://indiankanoon.org/doc/139144445/ and https://www.casemine.com/judgement/in/58fe28e753bee70a8573e00c


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Divorce granted on Cruelty ground Filing False Criminal Complaints causes Mental Cruelty HM Act 13 - Divorce Granted to Husband Raj Talreja Vs Kavita Talreja | Leave a comment

Suchitra Kumar Singha Roy Vs Arpita Singha Roy on 20 March 2020

Posted on March 25, 2020 by ShadesOfKnife

Knife filed false criminal cases and the husband and his father had to be in police custody for nine days. This is cruelty and hence divorce for husband.

Suchitra Kumar Singha Roy Vs Arpita Singha Roy on 20 March 2020

Citations:

Other Source links:


 

Posted in High Court of Calcutta Judgment or Order or Notification | Tagged Divorce granted on Cruelty ground Filing False Criminal Complaints causes Mental Cruelty HM Act 13 - Divorce Granted to Husband Suchitra Kumar Singha Roy Vs Arpita Singha Roy | Leave a comment

K.Srinivas Vs K.Sunita on 19 November, 2014

Posted on May 4, 2018 by ShadesOfKnife

Wonderful judgment from the Hon’ble Supreme Court whereby it is declared that filing a false complaint by Knife on husband and his family constitutes cruelty and this is sufficient ground a marriage can be dissolved.

The prosecution tried these tactics to counter the appeal from Husband

  • if a specific finding regarding the falsity of the criminal complaint was returned
  • if the Complainant or a witness on her behalf had committed perjury or had recorded a contradictory or incredible testimony
  • it is not possible to label the wife’s criminal complaint detailed above as a false or a vindictive action. In other words, the acquittal of the Appellant and his family members in the criminal complaint does not by itself, automatically and justifiably, lead to the conclusion that the complaint was false
  • the investigation may have been faulty
  • the prosecution may have been so careless as to lead to the acquittal, but the acquittal would not always indicate that the Complainant had intentionally filed a false case

Hon’ble two-judge bench has destroyed this angle in Para 5.

The Respondent-Wife has admitted in her cross-examination that she did not mention all the incidents on which her Complaint is predicated, in her statement under Section 161 of the Cr.P.C. It is not her case that she had actually narrated all these facts to the Investigating Officer, but that he had neglected to mention them. This, it seems to us, is clearly indicative of the fact that the criminal complaint was a contrived afterthought. We affirm the view of the High Court that the criminal complaint was “ill advised”.

Final nail in the coffin:

Prosecution: the filing of the criminal complaint has not been pleaded in the petition itself by Husband

Supreme Court: the criminal complaint was filed by the wife after filing of the husband’s divorce petition, and being subsequent events could have been looked into by the Court.

This is also called as Counter blast.

In Para 7,

We unequivocally find that the Respondent-Wife had filed a false criminal complaint, and even one such complaint is sufficient to constitute matrimonial cruelty.

 

K. Srinivas vs K. Sunita on 19 November, 2014

Citations: [2014 SUPREME 8 36], [2015 JLJR SC 1 114], [2014 JT 13 8], [2015 SCC CRI 3 400], [2015 RCR CIVIL SC 1 38], [2014 AIOL 702], [2015 ALLCC 90 808], [2015 ALLMR SC 2 435], [2015 ALR 108 742], [2015 AWC SC 1 80], [2015 SCSUPPL CHN 1 233], [2015 LW 4 671], [2015 OLR 1 267], [2015 PLJR 1 126], [2015 PLR 179 435], [2014 SCC 16 34], [2015 SCC CIV 3 415], [2014 SCC ONLINE SC 915], [2015 AIC 146 107]

Other Source links: https://indiankanoon.org/doc/175889126/ and https://www.casemine.com/judgement/in/5767b12be691cb22da6d57e4


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Divorce granted on Cruelty ground Filing False Criminal Complaints causes Mental Cruelty HM Act 13 - Divorce Granted to Husband K.Srinivas Vs K.Sunita Legal Procedure Explained - Interpretation of Statutes Mental Cruelty Reportable Judgement or Order Sandeep Pamarati Work-In-Progress Article | Leave a comment

Jagbir Singh vs Nisha on 11 March, 2015

Posted on May 1, 2018 by ShadesOfKnife

This is a case of a Knife, named Nisha, who filed false criminal cases (498A, 406 and DV Case) on the Husband and his family that got dismissed as prosecution failed to prove the cruelty allegation. The trial court found them to be totally unfounded and baseless. Moreover, The father of the appellant at the ripe old age is facing a charge under Section 354-A IPC.

After all this nonsense, also filed RCR under Section 9 of HMA !!

Unsubstantiated and unfounded allegations made by a spouse as against the other spouse would amount to cruelty.

Jagbir Singh vs Nisha on 11 March, 2015

 

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged Filing False Criminal Complaints causes Mental Cruelty IPC 406 Dismissed IPC 498A Dismissed Jagbir Singh vs Nisha Mental Cruelty Sandeep Pamarati | Leave a comment

Pratham Singh vs Rajesh on 3 December, 2014

Posted on May 1, 2018 by ShadesOfKnife

Read this Judgment for Hon’ble Punjab and Haryana High Court granting divorce on the grounds of cruelty and desertion.

 

Further, her complaint under sections 498A, 406, 506 IPC against the appellant and his family members was dismissed. Even appeal against the aforesaid order was also dismissed. Her complaint under sections 494/109 IPC remained unsuccessful. The trial court thus was not right in dismissing the petition filed by the appellant husband.

It has been authoritatively held by the Apex Court in K. Srinivas Rao’s case (supra) and a Division Bench of this Court in Imlesh v. Amit, AIR 2014 Punjab and Haryana 89 that where the wife files false criminal complaint against the husband and his family members under Sections 406, 498A of the Indian Penal Code which results in their acquittal, this act of the wife causes mental cruelty and the husband is entitled to a decree of divorce under Section 13(1)(ia) of the Act.

 

Pratham Singh vs Rajesh on 3 December, 2014

 

Read the other judgments cited in this order here.


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged Divorce granted on Cruelty ground Divorce granted on Desertion ground Filing False Criminal Complaints causes Mental Cruelty HM Act 13 - Divorce Granted to Husband Mental Cruelty Pratham Singh vs Rajesh Work-In-Progress Article | Leave a comment

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