Police assaulted to husband on wife's false NC complaint(non cognisable) against husband

improper actions by police officials or use of excessive power than that is reasonably necessary lead to miscarriage of justice, discrimination and involve obstruction of justice. Though the goals and objectives of police are noble but they have been criticized and condemned for committing acts which are just contrary and this is because the powers given to them to fulfill their social responsibilities are capable of being abused by them to trample the constitutional rights of the community.

Hey,

The concept of cruelty is a changing concept. The modern concept of cruelty includes both mental and physical cruelty. Acts of cruelty are behavioral manifestations stimulated by different factors in the life of spouses, and their surroundings and therefore; each case has to be decided on the basis of its own set of facts. While physical cruelty is easy to determine, it is difficult to say what mental cruelty consists of. 

Now it is mostly thought that husband is the one inflicting cruelty, cruelty as a ground of divorce is available to both wife and husband. In your case, there was no direct physical cruelty by the wife towards you, but rather mental cruelty as she filed false complaint because of which the husband had been assaulted by the police.

In Pravin Mehta v. Inderjeet Mehta,  the court has defined mental cruelty as ‘the state of mind.’

Some Instances of Cruelty are as follows–

• false accusations of adultery or unchastity
• demand of dowry
• refusal to have marital intercourse/children
• impotency
• birth of child
• drunkenness
• threat to commit suicide
• wife’s writing false complaints to employer of the husband
• incompatibility of temperament
• irretrievable breakdown of marriage

The following do not amount to cruelty-

• ordinary wear & tear of married life
• wife’s refusal to resign her job
• desertion per se
• outbursts of temper without rancor.

The Division Bench comprising of Prashant Kumar Mishra and Gautam Chourdiya, JJ.  at Chattisgarh High Court in the case of Chandan Singh v. Sangeeta Singh, 2019 SCC OnLine Chh 89, allowed an appeal to grant a decree of divorce in favour of the appellant-husband for being subjected to mental cruelty by the wife.

The appellant had stated that the wife had filed a false complaint of demand of dowry against him. The court observed that, the wife had failed to prove her complaint in which she has placed unfounded, indecent and defamatory allegation would all amount to causing mental cruelty.

Hence, you can file for divorce on the ground of cruelty.

Hope this answers your question!

Regards

Palak Singh