False criminal accusations against a spouse, when proved, may constitute mental cruelty warranting divorce.

The parties married on 30 May 2013 and have a son.

The husband sought dissolution of the marriage, alleging, among other things, that the wife had left the matrimonial home, subjected him to cruelty, and had an extramarital relationship. The wife denied the allegations and asserted that the husband and his family had demanded dowry and ill-treated her.

The Family Court dismissed the husband’s petition on 26 March 2025.

On appeal, the husband relied in part on a criminal complaint filed by the wife against him and his family, which had been quashed by the High Court.

Whether the wife’s conduct, including the criminal complaint against the husband and his family, amounted to mental cruelty warranting dissolution of the marriage

Whether the Family Court’s dismissal of the husband’s petition should be set aside

The Court considered the husband’s appeal under Section 19(1) of the Family Courts Act, 1984.

It relied on Naveen Kohli v. Neelu Kohli, (2006) 4 SCC 558, for the proposition that a spouse’s conduct in making multiple false criminal complaints may amount to mental cruelty.

The judgment also referred to irretrievable breakdown of marriage, but did not identify a statutory provision making that an independent ground for dissolution by the High Court.

It awarded permanent alimony under Section 25 of the Hindu Marriage Act.

The Court noted that the wife’s criminal complaint against the husband and his family had been quashed and treated the complaint, together with the parties’ prolonged separation and failed relationship, as establishing cruelty and an irretrievable breakdown of the marriage.

Relying on Naveen Kohli, it concluded that the Family Court had failed to consider the effect of the wife’s conduct and had therefore erred in dismissing the petition.

The husband’s petition was allowed and the marriage dissolved.

The wife was granted permanent alimony of Rs. 20,00,000, payable by the husband within two months of receipt of a copy of the order.