The Punjab and Haryana High Court recently ruled that if a wife is determined to destroy her husband’s career and reputation by filing complaints against him with his superiors, this constitutes mental cruelty and entitles the man to divorce.

The Bench of Justice Ritu Bahri and Justice Ashok Kumar Verma made this observation while hearing a divorce petition filed by an Indian Air Force (IAF) personnel who claimed cruelty and desertion.

In this case, the appellant-husband had petitioned the High Court to set aside a judgement given by the District Judge of Rohtak in 2013, which had dismissed his petition filed under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage by decree of divorce.

The husband stated before the HC that the wife had abandoned him in April 2002 and had not returned to their matrimonial home since then. It was also claimed that his wife had failed to fulfil her matrimonial duties and obligations, instead ill-treated the appellant, causing physical and mental cruelty to him.

The Husband also said that he initiated divorce proceedings in 2006, but that the matter was later settled between them because she agreed to withdraw her complaint against him to Air Force authorities as well as the application for maintenance filed before the Senior Air Force Officer.

Despite the compromise and withdrawal of divorce proceedings by the husband, the wife did not withdraw the complaint and application for maintenance before the Senior Air Force officer and even did not rejoin the appellant-husband.

In addition, in 2010, she filed a FIR against the appellant-husband and his parents under sections 498-A, 406, 313, 323, and 506 of the IPC. During the investigation, the appellant’s parents were found to be innocent; however, the appellant had to face the trial for approximately 412 years before he was acquitted of the charges because the respondent’s allegations against the appellant were found to be false.

The husband filed a petition at the Family Court for a divorce on the grounds of cruelty and desertion; but the Family Court denied his petition, citing the respondent-submission wife’s that she never deserted the appellant or treated him cruelly.