The false complaint filed by the wife against the husband – 7 days in jail – is mental cruelty.

On seeing the complaint filed by the wife against the husband under Section 498-A of the Indian Penal Code, the High Court of Bombay arrested and jailed him for a period of 7 days.

The appeal was made by the appellant. The appellant-wife and the defendant-husband were married according to Christian rites, when the defendant was working as an electrical contractor and the appellant was a clerk. They had two daughters. Later, she made various allegations and allegations against her husband.

The defendant-husband filed a case for dissolution of marriage in the Family Court in Bandra, Mumbai. The Family Court granted the decree for dissolution of marriage but refused maintenance for the appellant’s wife and allowed maintenance for two daughters with Rs.1000 / – each.

The appellant’s wife therefore filed an appeal in the Bombay High Court. The Bombay High Court noted:

“We find that the wife’s claim, despite various serious allegations leveled against her husband, including extramarital affairs, that she wants her husband to come and live with her is not her at all. She has made wild allegations against her husband which she has not been able to prove. In relation to the facts and circumstances of the case, we are unable to separate the case of the husband that due to his wife’s behavior and conduct, he was fed up with life and despite having a job with HPCL, he decided to take voluntary retirement. Take and settle in Goa with your parents.

In the light of the above discussion, in our opinion, the husband has suffered mental cruelty at the hands of his wife and the Family Court has upheld the husband’s petition for dissolution of marriage under section 10 (1). Indian Divorce Act, 1869 based on cruelty.