Bombay HC: False 498A Cases Disrupt Marriages, Valid Ground for Divorce

The Bombay High Court has ruled that filing a false criminal complaint under Section 498A of the Indian Penal Code (IPC) with the intent to “correct” a spouse’s behaviour constitutes cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

Court’s Observations

A Bench comprising Justice G.S. Kulkarni and Justice Advait M. Sethna emphasised that such actions disrupt the harmony, trust, and foundational values of marriage, rendering it untenable.

“The respondent and his family members being subjected to false criminal proceedings…find no place in the harmonious relations of mutual trust, respect, and affection that a married couple would normally maintain,” the Court remarked.

The Court further noted that filing a false criminal case against a spouse demonstrates a loss of rationality and reason, making it impossible to sustain the marriage:

“Once the mind of a spouse is corrupted to resort to a false prosecution, it is certain that the spouse has lost all reasonableness and rationality to maintain the solemnity of the marriage. Such actions fall within the realm of cruelty, which is a valid ground for divorce.”

Case Background

The couple married in March 2006 but separated after a few months. The wife subsequently filed a Section 498A complaint alleging cruelty by the husband. However, both the trial and appellate courts dismissed the case.

Despite the acquittal, the wife pursued an appeal before the High Court. The family court noted that the husband was not informed of the appeal, as no notice or case number had been provided by the wife.

Family Court’s Ruling

In March 2018, the family court granted the husband a divorce, citing the wife’s false prosecution as the primary reason. The court found that the wife admitted to filing the complaint not to punish her husband but to change his behaviour, which it deemed a misuse of legal proceedings.

The family court ruled that the wife’s actions amounted to cruelty under Section 13(1)(i-a) of the Hindu Marriage Act.

High Court’s Judgement

The Bombay High Court upheld the family court’s decision, agreeing that the wife’s false prosecution constituted cruelty.

“We are in agreement with the findings recorded and the view taken by the Family Court. The appellant had lodged a false prosecution against the respondent, which has been affirmed by the Criminal Court. This certainly amounts to cruelty,” the High Court observed.

The Court added that there was no “perversity or illegality” in the family court’s order.

Legal Representation

• For the Appellant-Wife: Advocate Omkar Nagvekar, instructed by Advocate Prabha U. Badadare.
• For the Respondent-Husband: Advocate Dushyant S. Pagare.