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divorce

(Querist) 11 January 2010 This query is : Resolved 
wife made a fIR against all family members of the husband. it amounts to curelty?. it is solid ground for divorce? any citation in this regard please.
Devajyoti Barman (Expert) 11 January 2010
Mere filing FIR albeit false alone does not constitute 'cruelty' as enshrined in Marriage law.
Tabassum Dalvi (Expert) 11 January 2010
complaint u/s 498A even if false, cannot be called an act of cruelty.
Arvind Singh Chauhan (Expert) 11 January 2010
Agree with all above learned.
Srinath Kondapally (Expert) 11 January 2010
yes, institution of criminal complaint against husband and other family members absolutely amounts to cruelty, and is a good ground for divorce, so many citations are there, if any information with this regard mail me :
skondapally666@gmail.com OR
Call me at 990 8020 994,S.Kondapally,Advocate & General Secretary, LAW CLINIC (Regd.)...a social legal hospital, L.B.Nagar,Hyd.(A.P.)
Raj Kumar Makkad (Expert) 12 January 2010
I cannot agree with Srinath and Tabassum.

mere filing of criminal case is not a cruelty. If such case is proved false means the accused persons are exonerated from the charges levelled in the FIR then certainly this filing of the case by wife against her husband and all his family members is certainly a cruelty.

There is no contrary law available as on date. If any expert has available, rather offering to contact him on his cell, he should submit here in this forum and this thread.


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