Punjab And Haryana High Court: Incessantly Filling Complaints Against Husband & His Family Resulting In Arrest & Damage To Reputation Amounts To Cruelty

The Punjab and Haryana High Court in the case Anmol Verma v. Radhika Sareen observed and has recently allowed the appeal by the husband against the order of the Trial Court wherein his petition under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage, the same was dismissed.

The bench comprising of Justice Meenakshi I Mehta observed and held that the respondent-wife has subjected the petitioner to cruelty hence, it would be impossible for the petitioner to live with her anymore.

Further, the court observed and stated that the facts and circumstances unequivocally suggest that the wife has incessantly been filing the complaints against the petitioner and his family members that he had to go behind the bars as it led to petitioner’s arrest. However, this all has resulted in damage to his reputation and damage to his image in the eyes of their relatives and the society at large.

In the present case, it was observed that the above-discussed facts and circumstances unequivocally speak volumes of the fact that the respondent has incessantly been filing the complaints against the petitioner as well as his family members and the petitioner even had to go behind the bars in connection with one of those complaints which is resulting in harm or damage in the eyes of their relatives and the society at large, to his image and reputation.

It was alleged by the petitioner that the respondent-wife used to quarrel over petty matters, frequently threatened to commit suicide, and even threatened to involve him in some false complaint/case. The petitioner claimed that she lodged a complaint with the Crime Against Women Cell against him, his mother and sister as well as his uncle but later-on, a statement was made by her before the police authorities to the effect that she did not want to pursue her complaint further.

It was alleged that the respondent again submitted a complaint against him and his family members there also and in pursuance of the same and the police arrested him by invoking the provisions of Sections 107, Section 151 CrPC. Moreover, the respondent did not make any statement before the said Authority and finally, he was discharged in the said proceedings. Thereafter, it was alleged that the respondent kept on moving false complaints against him and his family members at Crime Against Women Cell.

The court placed reliance on Apex Court’s judgement in Joydeep Majumdar v. Bharti Jaiswal Majumdar and it was held that the respondent has subjected the petitioner to cruelty after their marriage.

The court allowed the petition filled by the petitioner-husband under Section 13 of the Act and dissolved the marriage between the parties under Section 13 of the Hindu Marriage Act, 1955.

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