False Criminal Prosecution Destroys Marriage's Foundation, Amounts To Cruelty: Bombay High Court
The Court upheld decision of a Family Court that granted a divorce to a couple based on the grounds of cruelty.
The Bombay High Court ruled that a wife filing a false complaint against her husband, simply for attempting to correct his behavior, constitutes cruelty and undermines the harmonious relationship that a married couple should ideally maintain.
The Court made this observation while upholding the decision of a Family Court that granted a divorce to a couple based on the grounds of cruelty.
A Division Bench of Justice Girish Kulkarni and Justice Advait Sethna refused to interfere with the Family Court's ruling, which took into account the wife’s false criminal allegations against her husband and his family. The Family Court had noted that these baseless accusations caused mental cruelty to the husband and his family.
The Court held, "We may observe that the husband and his family members being subjected to false criminal proceedings and the ordeal of facing such serious charges, especially when the wife’s motive was to correct the husband’s behavior, would not align with the harmonious relations of mutual trust, respect, and affection that a married couple would normally maintain." The bench further added that once a spouse resorts to false criminal charges, it indicates a loss of reasonableness and rationality, which destroys the foundation of marriage built on mutual respect and trust.
Advocates Omkar Nagvekar appeared for the petitioner, while Advocate Dushyant Pagare appeared for the Respondent.
The Court emphasized that such actions, particularly false criminal prosecution, amount to cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and can serve as a valid ground for divorce. "Once there is a dent in the essential values on which a marriage is based, through false and drastic actions like a criminal prosecution, it amounts to cruelty and justifies a divorce," the bench observed.
As a result, the Court found no merit in the wife’s appeal and upheld the Family Court's decision to grant the husband a divorce. The wife's appeal was dismissed.
Cause Title: Vaibhavi Rajendra Chalke v. Rajendra Ganpat Chalke, [2025:BHC-AS:1231-DB]
Appearance:
Petitioner: Advocates Omkar Nagvekar and Prabha Badadare
Respondent: Advocate Dushyant Pagare
