Only one complaint or criminal proceeding found false upon probe, do cause harassment and torture and is sufficient to constitute matrimonial cruelty, the Punjab and Haryana high court held, while hearing a case in April 2022.

The court reversed a 2013 order of a Rohtak family court observing that the wife made unfounded, indecent and defamatory allegations against the husband and the in-laws, which indicates that she made all attempts to ensure that they are put in jail and the estranged husband is removed from his job.

The couple was living separately since 2002 after a marriage period of four years and they also had a child. The husband had to moved family court in 2009 seeking divorce claiming that from the beginning of the marriage, the conduct, behaviour and attitude of the wife had been cruel, unwarranted and harsh.

But the woman was not ready for divorce with mutual consent. The family court had dismissed husband’s plea in 2013 against which he had approached high court.

It came before the court that the wife had filed a criminal complaint against the husband and his parents of domestic violence. The trial continued for four years and resulted in husband’s acquittal. His parents were declared innocent in the probe stage. Also in 2006, the woman had filed complaints against the husband before his senior officers, which even after a compromise, she did not withdraw.

The court found that the marriage had broken down and there is no chance of their coming together as they are staying seperately for the last 20 years.

“Filing of the complaint and initiation of criminal proceedings which were found to be baseless and false, do cause harassment and torture to the husband and his family. One such complaint is sufficient to constitute matrimonial cruelty,” the bench concluded, adding that the wife in the case in hand was bent upon destroying the career and reputation of the husband through these complaints.

The court further observed that once the parties have separated and separation has continued for a sufficient length of time and anyone of them presented a petition for divorce, it can well be presumed that the marriage has broken down.

“The court, no doubt, should seriously make an endeavour to reconcile the parties; yet, if it is found that the breakdown is irreparable, then divorce should not be withheld,” the bench said granting the divorce and directed the husband to make a fixed deposit of ₹20 lakh as permanent alimony in the name of the wife.