Bombay HC: Filing False 498A Complaint to ‘Correct’ Spouse Is Cruelty, 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 behavior amounts to cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

Court’s Observations

A Division Bench of Justice G.S. Kulkarni and Justice Advait M. Sethna stated that such false complaints destroy trust and harmony in a marriage, making the relationship unsustainable. The Court emphasised that subjecting a spouse and their family to false criminal charges erodes the foundational values of mutual respect, trust, and affection required for a healthy marriage.

“When a spouse resorts to false prosecution, it shows a loss of rationality and reason, undermining the solemnity of the marriage. Such actions constitute cruelty and are valid grounds for divorce,” the Court observed.

Case Background: Vaibhavi Rajendra Chalke v. Rajendra Ganpat Chalke

The couple married in March 2006 but separated shortly after. The wife later filed a complaint under Section 498A, accusing her husband of cruelty. Both the Trial Court and Appellate Court dismissed the case. Despite the acquittals, the wife filed an appeal in the High Court but failed to notify the husband or provide necessary case details.

In 2018, the Family Court granted the husband a divorce, citing the wife’s misuse of legal proceedings as the primary reason. The wife admitted that her complaint was not to punish her husband but to change his behavior, which the court considered a clear misuse of the law.

High Court’s Judgement

The Bombay High Court upheld the Family Court’s decision, agreeing that the wife’s actions amounted to cruelty.

“We find no error or illegality in the Family Court’s judgement. Filing a false prosecution with the intent to control a spouse is cruelty under the Hindu Marriage Act,” the Court stated.

Case Details

• Case Name: Vaibhavi Rajendra Chalke v. Rajendra Ganpat Chalke
• Diary Number: Family Court Appeal No. 155 of 2018
• Bench: Justice G.S. Kulkarni and Justice Advait M. Sethna