The Chhattisgarh High Court recently observed that the report u/s 498-A IPC cannot be used as a weapon to teach a lesson to the entire family of the husband in order to settle personal scores.

This observation was made by a Bench of Justices Goutam Bhaduri and Rajani Dubey while granting a divorce decree to the husband. In this case, the husband had moved the High Court after the Family Court dismissed his divorce plea.

The wife had lodged an FIR u.s 498A against the husband, his aged parents and family. The wife had alleged that she was treated cruelly.
In the FIR, it was alleged that she has been treated with cruelty for demand of Rs.1 lakh coupled with a further allegation that his husband (appellant) had illicit relations with a lady. She alleged that since she was treated with cruelty, therefore, the husband was not entitled to a divorce.

However, the husband submitted that the allegations made by the wife were false and his reputation was lowered due to the wife’s allegations. After the family court refused to grant him divorce the husband moved the High Court.

The court noted that allegations were levelled against all members of the husband’s family but they were acquitted.
In this context, the court ruled that the wife making false allegations amounts to cruelty.

It was further submitted that the trial Court had accepted the contention of the husband in a finding that after the notice of divorce was received, the wife had falsely inculpated the husband and other family members, and eventually, it was held that no offence u/s 498-A of IPC is made out.

Remarking on the act of the wife to file a 498-A IPC complaint containing false allegations, the Court observed thus:

“Certainly it will have an adverse effect on the social standing of a family as it results in isolation of a person who faced criminal trials because of the false accusations made by the other spouse. Therefore, before making such allegations, regard must be had to social status, educational level of the parties, and the society they move in, otherwise, such allegations would amount to cruelty.”

The Court underscored that when the finding has been arrived at about the conduct of the respondent who leveled false accusations against the appellant, it would lead to show “Cruelty” on her part. It said,

“The appellant is a Doctor and as stated during the course of the hearing, the respondent-wife is a private teacher. Therefore, facing a criminal case would always castigate a stigma in Society. The report u/s 498-A of the IPC cannot be used as a tool to teach a lesson to the family members of the husband as it may adversely affect the future prospects of a young professional and it may take long time to fill up the gap. Therefore, we are of the opinion that false accusations made by the wife against the entire family members under section 498-A would amount to mental cruelty and such conduct of respondent-wife which inflicts upon the appellant-husband such mental pain and suffering would make it not possible for her to live with the appellant-husband.”

Accordingly, the court granted a divorce decree in favour of the husband but asked him to pay Rs 15000 per month as alimony to the wife.

Title: Dr Ramkeshwar Singh versus Smt Sheela Singh

Case No. FAM 94/2010