{"id":364874,"date":"2025-10-27T16:00:05","date_gmt":"2025-10-27T10:30:05","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=364874"},"modified":"2025-11-01T10:05:08","modified_gmt":"2025-11-01T04:35:08","slug":"false-allegation-of-alcoholism-against-husband-is-cruelty-mp-hc","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/10\/27\/false-allegation-of-alcoholism-against-husband-is-cruelty-mp-hc\/","title":{"rendered":"False allegation of alcoholism against husband, compromising his social position as public servant is cruelty: Madhya Pradesh HC"},"content":{"rendered":"
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Madhya Pradesh High Court:<\/span> In a first appeal filed by a husband against the judgment passed by the Family Court rejecting his divorce petition filed on twin grounds of desertion and cruelty, the Division Bench of Vishal Dhagat and Anuradha Shukla*<\/span>, JJ., allowed the appeal on the grounds of cruelty committed by the wife against the husband by making false allegations of husband’s alcoholism and contesting the divorce petition despite being resolute in not resuming the cohabitation.<\/p>\n

Background<\/h3>\n

The parties, both public servants, got married in 2004 and had two children. However, their relationship went sour in 2015, and they began living separately in 2017.<\/p>\n

The wife alleged that she was being subjected to physical and mental cruelty and filed a petition under the Protection of Women from Domestic Violence Act, 2005<\/a> (‘DV Act’), wherein a compromise was reached between the parties after the husband allegedly apologized. She claimed that her husband had a suspicious nature and was prone to casting aspersions on her character. He also shied away from his responsibility towards his children.<\/p>\n

Before the Family Court, the wife stated that she never wanted to seek a divorce, and she was willing to live with him if the husband mended his ways. The husband alleged that she was cruel and used to make false allegations against him, which was why he filed the divorce petition.<\/p>\n

The Family Court ultimately dismissed the divorce petition. Hence, the present appeal.<\/p>\n

Analysis<\/h3>\n

Upon perusal of the facts, the Court noted that the wife had been living in a separate house since 2017. Although the husband claimed that their marital relations had come to an end when the wife got transferred to a different place in 2013, he admitted during his cross-examination that the matrimonial relationship finally ended in 2017. Incidentally, the divorce petition was filed in 2018. Thus, the Court held that the ground of desertion was not available to the husband as the mandatory period of two years of desertion was not complete as on the date of filing of the divorce petition, and their marital relationship was continuing immediately before 05-06-2017.<\/p>\n

Regarding the issue of cruelty committed by the wife by making false allegations against the husband, the Court noted that, as per the wife, her husband was addicted to intoxication and would commit cruelty against her. The Family Court also reached this finding, for which it heavily relied on the following four documents:<\/p>\n