A. Hindu Marriage Act, 1955 (25 of 1955), Section 13(1)(ia) -- Divorce – Mental cruelty -- False criminal complaint -- It is now beyond cavil that if a false criminal complaint is preferred by either spouse it would invariably and indubitably constitute matrimonial cruelty, such as would entitle the other spouse to claim a divorce.

(Para 1)

B. Hindu Marriage Act, 1955 (25 of 1955), Section 13(1)(ia) -- Divorce by husband – Mental cruelty -- False criminal complaint by wife -- Wife has admitted in her cross-examination that she did not mention all the incidents on which her Complaint is predicated, in her statement under Section 161 of the Cr.P.C -- It is not her case that she had actually narrated all these facts to the Investigating Officer, but that he had neglected to mention them – This is clearly indicative of the fact that the criminal complaint was a contrived afterthought -- Criminal complaint was “ill advised” -- Adding thereto is the factor that the High Court had been informed of the acquittal of the Husband and members of his family -- In these circumstances, the High Court ought to have concluded that the Wife knowingly and intentionally filed a false complaint, calculated to embarrass and incarcerate the husband and seven members of his family and that such conduct unquestionably constitutes cruelty as postulated in Section 13(1)(ia) of the Hindu Marriage Act.

(Para 5)

C. Hindu Marriage Act, 1955 (25 of 1955), Section 13(1)(ia) -- Divorce by husband – False criminal complaint by wife lateron – Whether mental cruelty and ground for divorce -- Criminal complaint was filed by the wife after filing of the husband’s divorce petition, and being subsequent events could have been looked into by the Court -- In any event, both the parties were fully aware of this facet of cruelty which was allegedly suffered by the husband -- When evidence was lead, as also when arguments were addressed, objection had not been raised on behalf of the Wife that this aspect of cruelty was beyond the pleadings – Held, wife had filed a false criminal complaint, and even one such complaint is sufficient to constitute matrimonial cruelty – Marriage of parties dissolved.

(Para 6-8)

Hindu Marriage Act, 1955 (25 of 1955), Section 5,9,10,11,12,13 -- Bigamous marriage – Void declaration – Maintenance pendentlite – Permanent alimony -- Held, when the legislature has used such wide expression as ‘at the time of passing of any decree,’ it encompasses within the expression all kinds of decrees such as restitution of conjugal rights u/s Section 9, judicial separation u/s 10, declaring marriage as null and void u/s 11, annulment of marriage as voidable u/s 12 and Divorce u/s 13 -- Keeping into consideration the statutory Hindu Law, a bigamous marriage may be declared illegal being in contravention of the provisions of the Act but it cannot be said to be immoral so as to deny even the right of alimony or maintenance to a spouse financially weak and economically dependent.

(Para 13)

Insurance Act, 1938 (4 of 1938), Section 39 – Government Savings Certificates Act, 1959 (46 of 1959), Section 6, 7, 8(2) – Indian Succession Act, 1925 (39 of 1925), Section 370 -- National Saving Certificates – Nominee -- Effect on succession -- Language of Section 39 of the Act is not capable of altering the course of succession under law – It is difficult to treat a nominee as being equivalent to an heir or legatee -- Though language and phraseology of Section 6 of the Act is different than the one used in Section 39 of the Insurance Act, yet, the effect of both the provisions is the same -- Any amount paid to the nominee after valid deductions becomes the estate of the deceased -- Such an estate devolves upon all persons who are entitled to succession under law, custom or testament of the deceased holder -- Nominee becoming entitled to the payment of the amount on account of national savings certificates received by him u/s 6 read with Section 7 of the Act who in turn is liable to return the amount to those, in whose favour law creates beneficial interest, subject to the provisions of sub-section (2) of Section 8 of the Act, 1959. Hindu Succession Act, 1956 (30 of 1956), Section 8, 15.

(Para 11, 13)