Derogatory complaints to employer of the spouse amounts to mental cruelty

CASE ANALYSIS

COURT: MADRAS HIGH COURT (MADURAI BENCH)

BENCH: HON’BLE MR. JUSTICE RMT TEEKAA RAMAN AND HON’BLE MR. JUSTICE P.B BALAJI

Xxxxx   v.   Xxxxx DATED: 29.4.2024

Law Point: Whether making derogatory complaints to the Employer of the spouse, with intent to harm professional reputation and financial well-being amounts to mental cruelty? Brief facts of the case: The marriage between the parties are solemnized on 10.11.2006 at Cuddalore and on the date of marriage the wife was working as Judicial Officer at Madurai and the husband was doing business at Cuddalore and a female child was born on 14.08.2007 and named as Monisha. The wife has preferred Petition under Section 13(i) (a) of Hindu Marriage Act seeking divorce on the ground of mental cruelty. Pending trial, the husband filed petition under section 9 of the Hindu Marriage Act before the Family Court, Trichirappalli for restitution of conjugal rights. Since the restitution of conjugal rights by the husband has been filed at the end of the trial of divorce petition by wife, Family Court, has passed separate orders, wherein, the Family Court Judge, Trichirappalli has allowed the petition filed by the wife seeking divorce by granting decree of divorce and dismissed the petition filed by the husband seeking restitution of conjugal rights.

Complaints filed by the Husband against the wife:

27. The allegations by the wife against her husband is that the husband is in the habit of making false complaint to the superior officers of the wife and in a particular incident namely on 27.05.2010, he had filed a false complaint to the Registrar (General) High Court of Madras,
28. Followed by another complaint to the Chief Judicial Magistrate, Srivilliputhur under whom the wife was worked as a Judicial Magistrate at Srivilliputhur,
29. Followed by another complaint containing false averments and allegations on 29.10.2012 by the younger brother of husband to the Hon’ble the Chief Justice, Madras High Court.

Appreciation of evidence:

On perusal of complaint given by the husband, he has made allegations which are put against him in the divorce case and hence we find that the contention raised by the learned counsel for the respondent – wife that such a complaint is only to demoralize the wife who works as a Judicial Officer and instead of answering the averments regarding cruelty committed by the husband before the Family Court, he has invented various things in the said complaint, which we find to be without any basis, as it lacks credibility and any factual or legal basis. After perusing the complaint of the husband to the Madras high court for disobedience of the judicial order and explanation given by the wife regarding the said disobedience, we find that the said complaint nothing but a self – serving statement by the husband, in order to create humiliation and defame to the wife at her work place. The explanation submitted by the wife to the Registrar (Admin.,) of the Madurai Bench of Madras High Court, wherein the wife has stated that the husband has scale down to such a low level to make all the allegations that are subject matter of the pending disputes in the family Court and it is only to cause embarrassment for the wife at the work spot. We find that as per explanation given by the wife, in the month of November 2012, her younger sister marriage was fixed. Just to harass her in the presence of her friends and relatives, somehow husband managed to get an order of the visiting rights on those marriage dates (i.e.,10.11.12, 11.11.12), knowingly that the wife and her family members were not available in the judicial officer’s quarters, he brought media people to the police station. The police after coming to know about the true fact that herself and her family members had gone to Madurai to the marriage of her sister, advised him, not to create these kind of ugly scenes by bringing media people in the personal matrimonial dispute. Wife came to know about the facts / incidents through her neighbour and the police over phone when the wife was in the marriage hall. This single incident is alone sufficient to establish the intention, ill motive of her husband, Veeramani to harass wife. In this regard, it is pertinent to refer to the report filed by the Inspector before the learned Additional Sessions Judge Mahila Court. The Inspector of Police has given a detailed report regarding the alleged incident said to have taken place which will throw the more light on the allegation made by the husband against the wife. This report is filed before the Additional Sessions Court at Trichy in connection with the visitation rights granted by the Court. This will throw more light on the counter allegation levelled by the husband against the wife and from the said report, the evidence record reveals multiple things and when the husband was confronted with the said report, during the cross-examination, the husband admitted the same in the cross – examination after seeing the report. Hence, we have no hesitation to hold that the husband, knowing fully that the marriage the younger sister of the wife was fixed on the said date and armed with an ex-parte order from the Mahila Court, Trichy went and created a scene before the house of the wife in the judicial officer’s quarters and despite telegram which was received by the Inspector of Police that the wife and children were attending the marriage of the younger sister of the wife, he wanted to break open the house and the entire incident has been duly reflected in the report of the Inspector and hence, we hold that the husband knowing fully about the marriage to be solemnized on 11.11.2012, for the younger sister of the wife, has indulged in acts to defame the wife, who is working as a Judicial Officer and wanted to bring the wife to the Police Station and create humiliation and harassment to the (judicial officer) wife. On perusal of complaint given by the husband to the Chief Judicial Magistrate of Virudhunagar in Srivilliputhur, he had categorically stated that Ravi of Theppakulam, Madurai had approached the bride for the marriage proposal. However, during the cross-examination of the husband, he evaded to answer with regard to the said Ravi who had introduced the family of the bride and who had stated that the educational qualification of the husband to be ‘MBA’. Besides, it remains to be stated that even in the letter, he had stated that the spurious gold jewels are worn by the Judicial Officer during her visit to in-law’s house. It is nothing but a calculated aim to undermine the self-respect of womanhood. After perusing complaint to the Chief Judicial Magistrate at Srivilliputhur and the evidence of the husband, we find that the said complaint is a mere apprehension, in fact we find it to be a virtuous attempt to undermine the image of the wife in the District Judicial where she was working. Another complaint given by the brother of the husband namely Neduncheizan to the Hon’ble the Chief Justice that his marriage was broken and the divorce as claimed by his wife was granted by the Court and for that he had blamed the sister-in-law, namely the Judicial Officer. On the complaint by the brother of the husband, the High Court has forwarded the official memorandum and had asked for explanation and the wife has also given an explanation narrating the entire incidents and after perusing the explanation given, further proceedings were closed. Conclusion: The case of the husband is a peculiar one and he has caused cruelty both mentally and physically to the wife as well as to her family members and the kidnapping of the child cannot be compromised at any costs, the same was suggestive of unlawful and high handed activities of the appellant husband warranting the wife to protect herself and the child. Thus, this Court finds that the various allegations of cruelty have been duly demonstrated and proved, both by oral and documentary evidence and as well as by way of admission from husband and brother of the husband and the evidence of the wife that the husband got enraged and furious when the wife questioned his education and on observing is uncultured and idiotic acts within few months of marriage and was the root cause for the demoralization of the institution of the marriage and hence, even before the birth of the first child, the parties have separated and none of the allegations made under various complaints by the husband to the high court and chief judicial magistrate under whom she worked, warrant any consideration and those complaints are intended to cause humiliation and harassment to the (Judicial Officer) wife in the working spot and appears to have been made only with a view to cause discomfort to the wife. A false complaint, criminal proceedings, indecent defamatory statements made by the husband, which, in a cumulative effect amounts to ‘mental cruelty’ warranting divorce and he has also made unfounded indecent and defamatory allegations against the spouse and his relatives in the pleadings and also filed repeated false complaints before the Administrative Side of the High Court, as if the wife is acting in a manner unbecoming of a judicial officer, which has an adverse impact upon the prospects of the wife and hence, this Court has no hesitation to hold that the wife has proved her pleadings, both by oral and documentary evidence and such cruelty are illustrative case of the mental cruelty which could warrant grant of divorce. The Family Court has rightly ordered dissolution of marriage. Whether the complaints were false or true, irrespective of this fact, making derogatory complaints to the Employer of the spouse, with intent to harm professional reputation and financial well-being, is nothing but cruelty. Making such complaints demonstrate lack of mutual respect and goodwill, which is crucial for a healthy marriage and merely by stating that such complaints were made after the parties have separated, in no manner absolves a spouse from the guilt of committing cruelty on the receiving end. Spouse engaging in defamatory language directed towards one’s in-laws, not only undermines the dignity and reputation of the individuals but also erodes the trust and respect necessary for a healthy marital bond. The husband admission to sending a message containing derogatory language towards the wife demonstrates a lack of respect and consideration to the relationship. These actions undermine the foundations of mutual respect and support, essential for a healthy marital bond. Both the Civil Miscellaneous Appeals filed by the husband:

1. Challenging the divorce decree.
2. Challenging the dismissal of Restitution of conjugal Rights.

          are hereby dismissed.  

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