Written By – Aishwarya
The Division Bench of Justice Vipin Sanghi and Justice Jasmeet Singh thus upheld the divorce decree granted to the husband by a Family Court and dismissed the wife’s appeal under Section 19 of the Family Courts Act.
The Family Court had returned a finding that the husband was subjected to mental cruelty owing to the fact that he and his parents were acquitted in a case, lodged at the instance of his wife, involving Section 498A IPC. An appeal against the said acquittal was also dismissed.
It was however the case of the appellant-wife that when her husband and in laws had applied for bail, the same was not opposed by her and that she had also filed a petition to seek restitution of conjugal rights under Section 9 of the Hindu Marriage Act.
“In our view, merely because the appellant may not have opposed the bail application moved by the respondent and his parents, is not sufficient to efface the irresponsible conduct of the appellant. The mere fact that she made serious allegations of criminal conduct against the respondent and his parents – which she could not establish before the Court, was sufficient to constitute acts of cruelty against the respondent,” the Court said.
It added: “How can the respondent be expected to allow the appellant into his life in these circumstances? The faith and trust – which is the foundation of a matrimonial bond stood completely demolished by the aforesaid conduct of the appellant. For a man to see his parents to be taken into custody and being incarcerated even for a single day would have caused immense and untold pain and agony to him.”
Accordingly, finding no merit in the appeal, the Court dismissed the same.