The Bombay High Court ruled that a wife’s false 498A complaint against her husband to “correct his behavior” constitutes cruelty under the Hindu Marriage Act, 1955. Upholding the family court’s divorce decision, the Court emphasized that such actions erode trust and harmony, making the marriage unsustainable. The wife admitted to misusing legal proceedings, which led to the marriage’s dissolution.
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MUMBAI: The Bombay High Court declared that when a wife files a false criminal complaint against her husband under Section 498A of the Indian Penal Code (IPC) with the aim of “correcting his behaviour,” it amounts to cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
The judgment was delivered by a Bench of Justice G.S. Kulkarni and Justice Advait M. Sethna, who stated that such actions disrupt the peace, trust, and core values that form the foundation of a marriage. They observed that this disruption makes it impossible for the marriage to survive.
“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 remarked.
The Court further noted that filing a false criminal complaint against a spouse demonstrates a loss of rational thinking and makes it impossible for the marriage to continue.
“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 case involved a couple who got married in March 2006 but separated after a few months. Subsequently, the wife lodged a complaint under Section 498A of the IPC, accusing her husband of cruelty. However, both the trial and appellate courts dismissed the case. Despite the dismissal, the wife continued to pursue the matter by appealing to the High Court.
The family court observed that the husband was never notified about the appeal. The wife only mentioned the filing of an appeal but did not provide any specific details or case number. This persistence in pursuing legal action, along with her lack of interest in continuing the relationship, led the family court to decide in favor of granting a divorce.
In March 2018, the family court granted the divorce, emphasizing that the wife had admitted to filing the complaint not to penalize her husband but to modify his behavior. Her actions were deemed a misuse of legal proceedings and a valid ground for the dissolution of the marriage.
The Bombay High Court upheld the family court’s decision, stating that the wife’s actions indeed amounted to cruelty as defined under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
“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.
The High Court also remarked that there was no “perversity and illegality” in the family court’s decision.
ALSO READ: Section 498A and Dowry Act Misuse: Supreme Court Warns Wife For Filling False FIR
Advocate Omkar Nagvekar, instructed by advocate Prabha U. Badadare, represented the appellant-wife.
Advocate Dushyant S. Pagare represented the respondent-husband.
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