Making false allegations against husband amounts to mental cruelty to husband
The making of such false, frivolous and unsubstantiated allegations against the 8 of 18
husband in the communication as well as reiterating the same in the written statement and also in the oral evidence given by the wife before the Court was bound to cause mental cruelty to the husband. It was clearly an attempt to sully the reputation not only of the respondent husband but also of the two sisters who were in the profession of Medicine and Law respectively. That, by itself, is a good and germane ground to dissolve the marriage between the parties and to grant decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act.
The rights and liabilities are co-relative. If any one want rights, then he has to perform liability. No doubt, the wife is entitled to live separately for any of the just grounds as provided under sec. 18(2) of The Hindu Adoptions and Maintenance Act, 1956. The entire evidence on record shows that Bhavana(wife) is at fault. She herself treated the husband with cruelty. She has deserted him without reasonable cause. She has failed to prove her claim.
Bombay High Court
Bhavana N.Shah vs (Ori on 21 June, 2012
Bench: A.M. Khanwilkar, A. R. Joshi
