making unsubstantiated allegations of dowry harassment and d


 

Making unsubstantiated allegations of dowry harassment and defamatory claims against a husband by his wife would amount to cruelty

 
Bombay High Court: Making unsubstantiated allegations of dowry harassment and defamatory claims against a husband by his wife would amount to cruelty, a division bench comprising of Hon'ble Abhay Oka and S C Gupte, JJ held. In the present case the couple married in 1998 but disputes arose within a few months and the appellant allegedly left her matrimonial home and filed a complaint with the women's cell in 2000, and an FIR of dowry demand and harassment was lodged in January 2001. The Court noted that the wife had made two serious unfounded defamatory allegations, which she had not substantiated, that the ill-treatment had resulted in her arthritis and had led to her father's death from shock. The Court ruled that the husband had established that the respondent could not substantiate the allegations of cruelty in the criminal trial and between 2001 and 2004, he and his family members faced the criminal trial in which they were acquitted, but not before attending 56 court hearings. The Court remarked that considering the manner in which the criminal case proceeded, the respondent and his family members were subjected to humiliation, trauma and agony as set out in the husband's deposition. Dissolving a 16-year old marriage, the division bench took into account the suffering caused to the husband and his parents who had to face a trial and attend multiple hearings and held that they have no hesitation in holding that the conduct amounts to mental cruelty to the husband thereby set aside a family court's order denying divorce to the husband from his wife. [Mr M vs. Mrs M, Family Court Appeal No. 71 of 2006, decided on 7th February, 2014]Bombay High Court

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL NO.71 OF 2006
Mr. M .. Appellant
Vs
Mrs. M .. Respondent

CORAM
: A.S. OKA & S.C. GUPTE, JJ

DATE ON WHICH JUDGMENT IS PRONOUNCED: 7TH FEBRUARY 2014
 
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Worker

here is the full judgement



Attached File : 313998790 cfca1263306.pdf downloaded 77 times
 
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Worker

Mr. ] Manjunath Putosa Merwade .. Appellant

 (Ori.Petitioner)

 Versus

 Mrs. ] Meenakshi Manjunath Merwade .. Respondent

 Mr. Abhijit Sarwate for the appellant.

 
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Worker

the couple married in 1998

disputes arose within a few months

DATE ON WHICH JUDGMENT IS PRONOUNCED: 7TH FEBRUARY 2014

 

Jai Hind

 
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exec

.....but what about fake allegations of dowry demand and harrassment in RCR petitions, and DV cases but no 498A filed??. would it also count as cruelty?

 
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Worker

fighting back, 


remedy in cases depicted by you = CrPC 340


and yes, it also destroys the credibility of HER evidence, if proven FALSE.

 
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