MP High Court Grants Divorce To Husband After Wife Makes False Allegations Of Alcohol Addiction
The Madhya Pradesh High Court has granted a decree of divorce to a man on the grounds of cruelty, observing that the wife made false allegations of alcohol addiction against him.
In doing so, the court set aside the judgment and decree of the Family Court of Mandla, which rejected the husband's divorce petition on grounds of desertion and cruelty.
The division bench of Justice Vishal Dhagat and Justice Anuradha Shukla observed;
"We accordingly allow this appeal on the ground of cruelty committed by making false allegation of addiction to intoxication and also contesting the divorce petition despite being resolute in not resuming the cohabitation".
The couple were public servants who solemnised their marriage in June 2004 and parented two children. Earlier, the wife had filed a petition under the Protection of Women from Domestic Violence Act, 2005, in which a compromise was reached between the parties. However, they have been living separately since 2017.
According to the facts of the divorce petition, the parties lived cordially for only some years and have been emotionally distant since 2015. They have been living separately since 2017.
The husband contended that the wife's behaviour was cruel. The wife, however, claimed that she was subjected to physical and mental cruelty, following which a petition under the 2005 Act.
The wife alleged that the husband used to cast aspersions on the wife's character and, therefore, for her own safety and that of her future children, she started to reside separately. She claimed that her husband wants to dissolve the marriage to solemnise a second marriage and to avoid his liability towards the children.
In the appeal, the counsel for the husband contended that the finding that the husband was an alcoholic and that he harassed the wife was false and baseless. It was contended that his wife was neither interested in resuming marital ties nor in seeking divorce.
The court noted that the wife has been living separately since 2017; however, the husband claimed that their relationship came to an end in 2013 when she transferred to a different place. It was also observed that the divorce petition was filed in 2018, thereby concluding that the mandatory period of 2 years for desertion was not fulfilled.
The court noted that to prove the allegations of alcoholism, the wife presented certain documents to the Family Court. However, the bench noted that the said documents did not substantiate the allegations of alcoholism.
Thus, it noted that since 2011, there have been no episodes of alcoholism in the husband's life. Therefore, it held that the allegations of alcoholism made against the husband were not duly proved.
Examining the allegations of cruelty by the wife, the court noted, "The expression of mental cruelty is not static and, depending upon the human behaviour, new instances of cruelty may crop up".
The court noted that he was a class IV employee while the wife was in Officer Cadre, both deserving in the public sector. It also observed that the wife showed no hesitation in declaring the husband was an alcoholic.
Emphazing that normal bickering and quarrels between couples are not a grave concern, the court observed that the persistent resolve of the wife to see her husband being humiliated in his social circle as an alcoholic was a serious affair.
"In the case on hand, the wife, in order to avoid marital obligations, has made unfounded allegation of habit of intoxication against the appellant/husband and has thus exposed him to social sham and contempt by compromising his social position of a public servant", the court added.
Therefore, the court allowed the decree of divorce on grounds of cruelty and set aside the decree and judgment of the Family Court.
Case Title: MK v MA [2025:MPHC-JBP:52433]
For Appellant: Advocate Pradeep Kumar Naveria
For Respondent: Advocate Jagadish Prasad Kanojia