complaint to employer and flase 379 cruelty or not


Respected All,                      My wife staying away from me from last 5 years. I filed divorce on 26-10-2012, then wife filed 498a(now at evidence stage), then DV, then 125, then false vigilance enquiry against me in which I was proved innocent. In june 2015 she filed 379 on me and mother for theft of Mangalsutra, police puts FR, she protested in august 2016, protest accepted, FR cancelled by court, sent to Thana for reinvestigation. Again police puts FR .                     

                                           Is this not a base of divorce CRUELTY that wife is staying away from husband for a long 5 years, making complaint to Husband's Employer and making false police complaints of 379 . 

 

 
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Advocate

Let all the criminal complaints filled and pending in the court get decided in your discharge or acquital after that the Family court will consider it act of cruelty that will entitle you decree of divorce, till that time your case of cruelty for divorce is incomplete because court consider the legal right of wife to file all these criminal charges and cases against the husband for which she cannot be charged for cruelty unless these criminal cases end in favour of the husband.

 

 
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Advocate

Let all the criminal complaints filled and pending in the court get decided in your discharge or acquital after that the Family court will consider it act of cruelty that will entitle you decree of divorce, till that time your case of cruelty for divorce is incomplete because court consider the legal right of wife to file all these criminal charges and cases against the husband for which she cannot be charged for cruelty unless these criminal cases end in favour of the husband.

 

 
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Sir,   One case of 379 , police puts FR in my favour i.e. expunged the case . Divorce case is of civil nature . If we take this issue then according to Hon'ble Allahabad HC judgement in Smt. Archana vs Dr. P.K. Tomar on feb 2003, that police puts FR, then civil court cannot look forward or is independent for a finding of the criminal court on this point to assist civil court. Therefore, whatever is decided by criminal court is irrelevant, and it has to be decided independently by the civil court whether FIR was false or not as this questin arises for decision in this petition .

 
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