Naveen Kohli Vs Neelu Kohli – Cruelty defined, Appeal 812 of 2004, SCC of India

The Honorable SC lists the acts of the wife and concludes that their marital life has become a living hell !
1.        The wife filed FIR No. 100/96 at Police Station, Kohna under Sections 379/323 IPC
2.        The wife got a case registered under Sections 323/324 registered in the police station Panki, Kanpur City.
3.        At the behest of the wife FIR No.156 of 1996 was also filed in the police station, Panki.
4.        The wife filed FIR under Section 420/468 IPC at the Police Station, Kotwali.
5.        The wife got a case registered under Section under Sections 420/467/468 and 471 IPC.
6.        The wife filed a complaint against the appellant under Sections 498A/323/504/506 IPC at Police Station, Kohna.
7.        The wife had even gone to the extent of opposing the bail application of the appellant in criminal case filed at the police station, Kotwali
8.        When police filed final report in two criminal cases at police station, Kotwali and police station, Kohna, the wife filed protest petition in these cases.
9.        The wife filed complaint no.125 of 1998 in the Women Cell, Delhi in September 1997 against the appellant’s lawyer and friend alleging criminal intimidation, which turned out to be false 
10. The wife filed a complaint under sections 397/398 before the Company Law Board, New Delhi, calling the husband a liar, cheat, womaniser etc
11.        The wife filed a complaint in Case No.1365 0f 1988 against the husband 
12.        Again on 8.7.1999, the wife filed a complaint in the Parliament Street Police Station, New Delhi and made all efforts to get the husband arrested.
13. On 31.3.1999, the wife have sent a notice for breaking the Nucleus of the HUF.
14.        The wife filed a complaint against the husband under Section 24 of the Hindu Marriage Act.
15.        The wife had withdrawn Rs.9,50,000/- from the bank account of the husband in a clandestine manner.
16.        On 22.1.01 the wife gave affidavit before the High Court and got non-bailable warrants issued against the husband 
17.        The wife got an advertisement issued in a national newspaper that the husband was only her employee. She got another news item issued cautioning the business associates to avoid dealing with the appellant.
the Honorable court observes “…Even at this stage, the wife does not want divorce by mutual consent. From the analysis and evaluation of the entire evidence, it is clear that the wife has resolved to live in agony only to make life a miserable hell for the husband as well. This type of adamant and callous attitude, in the context of the facts of this case, leaves no manner of doubt in our mind that the wife is bent upon treating the appellant with mental cruelty. It is abundantly clear that the marriage between the parties had broken down irretrievably and there is no chance of their coming together, or living together again…”
In a strongly worded statement the court concludes “…In view of the fact that the parties have been living separately for more than 10 years and a very large number of aforementioned criminal and civil proceedings have been initiated by the respondent against the appellant and some proceedings have been initiated by the appellant against the respondent, the matrimonial bond between the parties is beyond repair. A marriage between the parties is only in name. The marriage has been wrecked beyond the hope of salvage, public interest and interest of all concerned lies in the recognition of the fact and to declare defunct de jure what is already defunct de facto. To keep the sham is obviously conducive to immorality and potentially more prejudicial to the public interest than a dissolution of the marriage bond.….”
Supreme Court of India
Naveen Kohli vs Neelu Kohli 
Full judgement PDF uploaded to Link :


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