Punjab & Haryana High Court Finds it Regrettable that Wife Receives Alimony Despite Husband’s Conviction in Cruelty Case Filed by Her

The Punjab & Haryana High Court has expressed regret that a wife is awarded maintenance despite her husband and his family being convicted of cruelty based on her complaint. The Court emphasized that all aspects must be considered before granting alimony.

These remarks came while the Court was adjudicating a divorce petition filed by the husband on grounds of cruelty under the Hindu Marriage Act. Justices Sureshwar Thakur and Sudeepti Sharma commented, "Recently, in matrimonial matters, whether appealed by the husband or wife, there is a tendency for wives to exploit the situation by demanding money in exchange for relief sought by the husband. It often becomes evident from the pleadings and documents that wives have filed FIRs against their husbands and their families, resulting in convictions."

The Court further noted that if a husband petitions for divorce under Section 13 of the Hindu Marriage Act, 1955, on grounds of cruelty, it is typically the wife who files maintenance applications under various statutes, including Sections 24 and 25 of the Hindu Marriage Act, 1955, Section 18 of the Hindu Adoption and Maintenance Act, 1956, Section 125 of the Code of Criminal Procedure, 1973, and Sections 20 and 22 of the Protection of Women from Domestic Violence Act, 2005.

The Court observed that despite the wife’s FIR against her husband and his family, resulting in their trial and imprisonment, she sought additional rewards by filing maintenance claims. "It is very unfortunate that she was granted maintenance. Society needs to address and curb such exploitation and extortion," the Court stated.

The Court also remarked, "Justice requires that when dealing with matrimonial matters and awarding permanent alimony, every aspect of the case should be considered, including the behavior, conduct, and allegations made by each party."

The case was an appeal against a family court’s dismissal of the husband's divorce plea under Section 13(1)(i-a) of the Hindu Marriage Act. The husband, a District Court judge, alleged various acts of cruelty by his wife. He claimed that she filed a complaint against him with the Chief Justice of the Punjab & Haryana High Court, accusing him of misusing his official position to harass her. The Family Court rejected this claim, noting that the complaint was filed after the divorce petition and concluded that the husband failed to prove cruelty and had inflicted cruelty on his wife instead.

Upon reviewing the records and submissions, the Court noted the intensity of the bitterness between the parties. It pointed out that normally, courts decide such issues based on the evidence of cruelty or lack thereof. In this case, the Family Court found against the appellant-husband, concluding that he failed to prove cruelty by his wife and that he himself subjected her to cruelty.

The bench remarked that both parties had engaged in mutual cruelty, and courts should not force a party to endure ongoing cruelty. The wife’s actions, including making complaints that impacted the husband’s career, were considered in this context.

The Court concluded that a relationship cannot sustain under constant cruelty, deeming the Family Court’s judgment "legally flawed." It noted that despite specific grounds for divorce under Section 13 of the Hindu Marriage Act, cases involving matrimonial disputes often include allegations and counter-allegations and should not be treated like other civil or criminal matters.

The Court directed that the husband’s offer of ₹30 lakhs as a one-time final alimony be deposited into the wife’s account within six months. Consequently, the appeal against the Family Court’s dismissal of the divorce petition was allowed.

Counsel for the appellant: Mr. Ashwani Kumar Chopra, Sr. Advocate with Mr. Brahmjot Singh Nahar, Advocate
Counsel for the respondent: Mr. Sumeet Mahajan, Sr. Advocate with Mr. Saksham Mahajan, Advocate, Ms. Rabani Attri, Advocate, Ms. Shruti Singla, Advocate