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<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd"> <html xmlns="http://www.w3.org/1999/xhtml"> <head> </head> <body> <div style="font-family:Verdana, Geneva, sans-serif; font-size:12px; text-align:justify"> <table width="800" border="0" style="border:1px solid #ccc;padding:5px;" align="center" cellpadding="6" cellspacing="0"> <tr> <td align="left" valign="top"> Supreme Court Conduct of a spouse levelling false accusations against other spouse is cruelty MANU/SC/0493/2017 - (24 Apr 2017) </td> </tr> <tr> <td align="left" valign="top">Raj Talreja v. Kavita Talreja</td> </tr> <tr> <td align="left" valign="top" style="background-color:#FDEDCE">In facts of present case, wife filed a suit praying for injunction that, husband should not be permitted to enter matrimonial home. Certain news items appeared in newspapers in which serious allegations were made against husband. Newspaper reports were based on intimation given by the wife. Wife filed a complaint to State Women Commission making serious allegations against husband. Thereafter, she sent a similar letter to Chief Justice of High Court as well as Superintendent of Police. Finally, she made another complaint to Chief Minister. These complaints were found to be false. First Information Report was registered at instance of wife against Appellant husband under Section 452, 323 and 341 of Indian Penal Code, 1860. Police investigated matter and filed a report, stating that, there is no merit in FIR. According to police, injuries on the person of wife were self inflicted and she has filed a false FIR. It was recommended that, criminal proceedings be initiated against her under Section 182 of Indian Penal Code. Husband moved an amendment application in divorce petition incorporating all these facts and alleging that, due to filing of the false complaints before various authorities, he had been subjected to cruelty by the wife. Trial Judge dismissed the petition. Appeal filed by husband was also dismissed. Hence, present appeal.

Cruelty can never be defined with exactitude. What is cruelty will depend upon facts and circumstances of each case. In present case, from facts narrated above, it is apparent that, wife made reckless, defamatory and false accusations against her husband, his family members and colleagues, which would definitely have 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 complaints. Merely because, no action is taken on complaint or after trial Accused is acquitted may not be a ground to treat such accusations of wife as cruelty within meaning of Hindu Marriage Act 1955. However, if it is found that, allegations are patently false, then there can be no manner of doubt that, said conduct of a spouse levelling false accusations against other spouse would be an act of cruelty. In present case, all allegations were found to be false. Later, she filed another complaint alleging that, her husband along with some other persons had trespassed into her house and assaulted her. Police found, on investigation, that not only was the complaint false but also injuries were self inflicted by wife. Thereafter, proceedings were launched against wife under Section 182 of Indian Penal Code.

It is not disputed that, wife continues to live in house which belongs to mother of husband whereas husband lives along with his parents in a separate house and son and daughter-in-law of parties live with wife. Son is working with husband. It is stated that, husband had always fulfilled his paternal obligations to his son and is continuing to pay maintenance to his wife as fixed by Court.

Supreme Court directed that, husband shall pay to wife a sum of Rs. 50,00,000/- as one time permanent alimony and she will not claim any further amount at any later stage. This amount be paid within three months. Further, wife shall continue to live in house which belongs to mother of husband till husband provides her a flat of similar size in a similar locality. For this purpose, husband is directed to ensure that, a flat of value up to Rs. 1,00,00,000/- be transferred in name of his wife and till it is provided, she shall continue to live in house in which she is residing at present. Petition for divorce filed by husband under Section 13 of Hindu Marriage Act, 1955 is decreed and marriage of parties solemnized on 13th April, 1989 is dissolved by a decree of divorce.</td> </tr> <tr> <td align="left" valign="top" ></td> </tr> <tr> <td align="left" valign="top" >Tags : Cruelty, Divorce, Decree</td> </tr> <tr> <td align="left" valign="top">&nbsp;</td> </tr> <tr>  <td align="left" valign="top">Source : newsroom.manupatra.com</td> </tr> <tr> <td align="left" valign="top">&nbsp;</td> </tr> <tr> <td align="left" valign="top">Regards</td> </tr> <tr> <td align="left" valign="top">Team Manupatra</td> </tr> <tr> <td align="left" valign="top">&nbsp;</td> </tr> </table> </div> </body> </html>