Bombay High Court has passed a judgement that if a wife files false criminal case against the husband and his family members in which the husband and his family members ultimately gets acquitted, the husband is entitled to seek divorce from the wife.
In this case the wife filed a complaint against Husband and his family under Section 498A of Indian Penal Code. The Husband filed petition for divorce. After conducting trial, the case lodged by the wife resulted in acquittal in 2007. Meanwhile Husband got his Divorce petition allowed in 2008. The state preferred appeal against the acquittal and the wife preferred appeal against grant of Divorce. The former was dismissed and the latter was allowed and Divorce decree was set aside by the appellate court. The acquittals were not further challenged. Husband preferred appeal against the setting aside of Divorce decree by the Lower appellate court.
The high court observed that, if the complaint filed by the wife against the husband under section 498- A of IPC and other related provisions is dismissed on merits and the husband and his family members are acquitted, then it is clear that the complaint filed by the wife against the husband was a false complaint and it amounts to cruelty.Justice R.D Dhanuka said that on this very ground, the Husband is entitled to seek divorce from the wife.
#Husband entitled to get #divorce from #wife who files false cases against him : #Bombay HC Judgement pic.twitter.com/3WF07zlJ74
— Press Release Watch (@PrReleaseWatch) January 5, 2016
In this case the wife filed a complaint against Husband and his family under Section 498A of Indian Penal Code. The Husband filed petition for divorce. After conducting trial, the case lodged by the wife resulted in acquittal in 2007. Meanwhile Husband got his Divorce petition allowed in 2008. The state preferred appeal against the acquittal and the wife preferred appeal against grant of Divorce. The former was dismissed and the latter was allowed and Divorce decree was set aside by the appellate court. The acquittals were not further challenged. Husband preferred appeal against the setting aside of Divorce decree by the Lower appellate court.
The high court observed that, if the complaint filed by the wife against the husband under section 498- A of IPC and other related provisions is dismissed on merits and the husband and his family members are acquitted, then it is clear that the complaint filed by the wife against the husband was a false complaint and it amounts to cruelty.Justice R.D Dhanuka said that on this very ground, the Husband is entitled to seek divorce from the wife.
