Chattisgarh High Court
Smt. Ranjeeta Baghel vs Bhagirathi Baghel on 22 January, 2024
Page 1 of 8
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
FA(MAT) No. 101 of 2020
Smt. Ranjeeta Baghel Wife of Bhagirathi Baghel Aged About 30 Years
R/o Budgahan, At Present R/o Jurha Dabri, Police Station Kusmunda,
Tahsil Hardi Bazar, District Korba Chhattisgarh. --- Petitioner
Versus
Bhagirathi Baghel Son of Sudharam Baghel Aged About 35 Years
R/o Budgahan Saraital, Police Station Baloda, District Janjgir-Champa
Chhattisgarh. --- Respondent
For the Petitioner : Mr. Pawan Kumar Kashyap, Advocate.
For the respondent : Mr. Ravindra Sharma, Advocate.
Division Bench
Hon'ble Shri Justice Goutam Bhaduri
Hon'ble Shri Justice Radhakishan Agrawal
Order on Board
(22.01.2024)
Per Goutam Bhaduri, J
1) The present appeal is against the judgment and decree dated 17.02.2020 passed by the family Court Janjgir Champa in Case No.81- A/2018 wherein the petition filed by the husband seeking decree divorce has been allowed.
2) The undisputed facts are that the parties got married on 10.05.2006 and out of wedlock, two baby girls were born. The husband contended that after the marriage the wife stated that on pressure she had to perform marriage and did not like the husband/respondent. The husband was working as Shiksha Karmi Grade-III. He was transferred to Bilaspur and Page 2 of 8 was residing there since 2012. The husband further contended that on 04.10.2013, the wife made a report under section 498-A of IPC and having known the fact that the wife has deserted the husband and left with her children, he went to his in-laws place to bring her back her but she did not come back. After one year, again she came back and thereafter, she became pregnant and another child was born on 13.10.2014. After the child was born, from the Hospital she directly went to her parental place. When the husband went to bring her back, she refused to come back. The husband alleged that he recovered one hand written paper wherein the wife expressed her desire to commit suicide. However, since the wife was residing at her parental place, the husband made an application to the Panchayat and requested to solve the issue but the same could not be settled and false allegations were attributed to the husband by the wife. He further stated that other false allegations are also attributed, as such, it will be difficult for the husband to stay along with the wife and prayed for decree of divorce.
3) Per contra, the wife contended that on false allegation the application seeking divorce has been filed. In fact, the wife was assaulted and was thrown out of matrimonial home, therefore, she made a report under section 498-A of IPC. She further stated that she had never misbehaved with the husband and in order to save the husband she gave a different statement in a trial before the Judicial Magistrate. He further stated that the husband eloped with a girl and committed rape on her and an amount of Rs.2 lakhs was paid to her. Thereafter she became hostile to the prosecution and accordingly the husband was acquitted and prayed for demand of compensatory cost.
4) The trial Court framed 3 issues and in respect of cruelty and desertion both were held in affirmative in favour of the husband and accordingly decree for divorce was granted. Being aggrieved by such order granting Page 3 of 8 of decree of divorce, the wife has preferred this appeal before this Court.
5) Learned counsel for the wife would submit that the evidence of the parties would show that the husband has failed to prove the cruelty. He would submit that the acquittal u/s 498-A was at the behest of wife and the husband was also involved in a criminal case u/s 366 & 376 of IPC and in order to save her house according to her the complainant was made to pay an amount which shows that she wants to stay in her house. The statement of the wife would show that because of the assault she was forcibly left from her matrimonial home therefore a case u/s 498-A of IPC was registered and because of the mercy extended by the wife, the husband was acquitted. Consequently the decree of the learned court below on both the grounds of cruelty and desertion is liable to to be set aside.
6) Per contra, learned counsel for the respondent husband submits that the wife used to suspect the character of the husband and at the behest of wife, he was involved in cases u/s 366 & 376 IPC. He submits that initially the husband has not made any averments in the petition, however, it was at the behest of the wife, she made scandalous allegations and the order which is on record would show that the complainant herself has not supported the case of prosecution and whereas the wife has attributed the allegations to him. He would further submit that the acquittal in a case u/s 498-A IPC was also on merits, not at the mercy of the wife and she has further made wrong statements. He would further submit that the husband was arrested in case u/s 498- A and was kept in jail. Subsequently he was released and the false averments of demand of dowry as also cruelty were made especially when the husband suffered the jail sentence.
7) Learned counsel for the appellant submits that P.W.3 though has stated that at the behest of wife false case of IPC was registered but the Page 4 of 8 averments of the wife in the written statement fortifies the same. He further submits that the wife has assaulted the husband without any lawful cause and the petition for divorce was filed on 14.05.2018 whereas the wife deserted the husband continuously for a period of two years since 20.10.2014. Therefore, the judgment and decree is also well merited which do not call for any interference.
8) We have heard learned counsel for the parties. Perusal of the pleading would show that the husband alleged that the wife has stated after the marriage that she does not want to stay with him The evidence would show that the husband was working as Shiksha Karmi. The date of marriage and the birth of the children are not in dispute. He stated that when the husband was arrested on 09.10.2013 on the report of the wife, he being a teacher his image in village was completely tarnished. He also states that his image in the department also got damaged. He was arrested and after the entire due process of trial, he was acquitted on 25.04.2017. The judgment of the JMFC, Akaltara passed in Criminal Case No. 544 of 2013 has been placed on record. The wife in her statement has stated that she proved her statement in favour of the husband to allow acquittal.
9) We went through the statement of wife. In her statement, she maintained the stand in the cross examination that there has been constant demand of dowry from the husband. She admits the fact that she was forcibly thrown out of the house as such she made a report on 04.10.2013 u/s 498-A of IPC and the husband wanted to marry another girl. In the cross examination she stated that because of certain compromise the husband was acquitted. We went through the entire judgment of the learned Judicial Magistrate First Class. The entire judgment of acquittal dated 25.04.2017 does not spell out any factum of compromise. A perusal of the order would show that despite the fact Page 5 of 8 that there was no major dispute existed, the wife lodged a report and the order further records that both the parties tried to assassinate the character of each other and final recording shows that after evaluating the statement, it did not show that any ingredients of section 498-A IPC was ever placed before the Court. Consequently, it resulted into acquittal.
10) In the matter of Rani Narasimha sastri Vs. Rani Suneela Rani 2019 SCC Online S.C. 1595 the Supreme Court has observed that when a prosecution was launched against the husband on a complaint made by the wife u/s 498-A of IPC making serious allegations in which the husband was constrained to undergo trial which ultimately resulted into acquittal, then in such case it cannot be accepted that no cruelty was meted out on the husband, therefore, he can make a ground for grant of decree of dissolution of marriage u/s 13(1)(i-a) of the Act. A perusal of the judgment of acquittal of the learned court below followed by the finding arrived by the High Court would show that the appellant was acquitted of the charges by recording the clear findings.
11) In case of Raj Talreja Vs. Kavita Talreja AIR 2017 SC2138 the legal position as to when a false complaint would amount to cruelty was also examined, as below :
"11. Cruelty can never be defined with exactitude. What is cruelty will depend upon the facts and circumstances of each case. In the present case, from the facts narrated above, it is apparent that the wife made reckless, defamatory and false accusations against her husband, his family members and colleagues, which would definitely have the effect of lowering his reputation in the eyes of his peers. Mere filing of complaints is not cruelty, if there are justifiable reasons to file the complaints. Merely because no action is taken on the complaint or after Page 6 of 8 trial the accused is acquitted may not be a ground to treat such accusations of the wife as cruelty within the meaning of the Hindu Marriage Act, 1955 (for short the Act). However, if it is found that the allegations are patently false, then there can be no manner of doubt that the said conduct of a spouse levelling false accusations against the other spouse would be an act of cruelty. In the present case, all the allegations were found to be false. Later, she filed another complaint alleging that her husband along with some other persons had trespassed into her house and assaulted her. The police found, on investigation, that not only was the complaint false but also the injuries were self-inflicted by the wife. Thereafter, proceedings were launched against the wife under section 182 IPC"
12) Further more, the wife alleged that the husband was arrested in a criminal case u/s 366 & 376 of IPC. A perusal of the averments of the petition filed by the husband do not show that any allegations were attributed to the wife of any disgusting or indecent accusation. It was the wife who stated in her statement that the husband eloped with a girl and committed rape on her. Therefore, he was also arrested. The wife states that in order to save her husband she went to the victim girl and asked for compromise and paid Rs.2 lakhs as the applicant husband was in jail for 4 months and she further states that the applicant husband is a person of loose character and tried to entice away any other girl, therefore, on false allegations the application for divorce was filed by the husband. The husband in counter to that filed a copy of statement of victim Ex.P-2 of the sessions trial. A perusal of Ex.P.2 shows that the victim girl states that because of certain quarrel in the house, she went to her brother in law's place and no rape was committed and no one has enticed her away. The acquittal order passed in Sessions Trial No. 37/ 2003 dated 01.05.2010 (Ex.P-3) is on record wherein also the Sessions Judge, Janjgir Champa passed a clear acquittal in favour of the Page 7 of 8 husband. At para 12, the Sessions Judge recorded the version made by P.W.5 S.K.J wherein she confirmed the fact that the complainant's father rebuked the complainant regarding her poor education, due to which, the complainant got annoyed and went to the house of her brother-in-law and P.W.5 has not confirmed the fact of any kind of sexual assault being committed by the accused. The averments made by the wife that she paid Rs.2 lakhs to the wife to change her version does not match the statement made in Ex.P-2. On the contrary, it shows that she had made reckless allegations on the husband of extra- marital relations.
13) Therefore, by the two facts as discussed above, it would show that the wife has made false allegations against the husband for demand of dowry, for which, he was arrested and went through the agony of trial, which culminated in acquittal. Likewise, in another sessions trial, the husband was acquitted as charges were not proved. When the wife has raised the allegation that the husband is a man of loose character and has enticed away the girl but the same having not been proved before the court of law, such conduct of wife would amount to mental cruelty as the wife has tried to assassinate the character of husband.
14) Now coming to the desertion, the husband states that without any reasons, the wife deserted him on 20.10.2014. The petition was filed in the year 2018. The statement of the father of wife (D.W.2) Sant Ram would show that her daughter was residing with him because she was tortured. His statement would further show that after the birth of child and some rituals of Chhatti, the second child was born in October 2014. The wife in her statement has maintained the stand that she was subjected to cruelty as such she left the house. The said fact has been finally adjudicated by the JMFC and the statement of wife was not accepted. Therefore, the circumstances would lead to show that the Page 8 of 8 wife deserted the husband in October 2014 without any rhyme and reason. Consequently the husband was able to prove the ground of desertion.
15) In view of the aforesaid discussion, we do not find any merit in the appeal warranting interference in the judgment and decree of divorce passed by the learned family Court. Accordingly, the appeal sans merit and is rejected.
Sd/- Sd/-
Goutam Bhaduri (Radhakishan Agrawal)
Judge Judge
Rao