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False criminal complaint itself amounts to cruelty within me

False criminal complaint itself amounts to cruelty within meaning of section 13(i) (a) of HM Act

In our view, filing of a false criminal complaint
itself amounts to cruelty within the meaning of section 13(i)
(a) of the Hindu Marriage Act. A similar view was taken by
the Division Bench of this Court in Family Court Appeal No.
158 of 2008. The Division Bench had taken into
consideration the judgment and order passed by the Trial
Court of acquitting the Appellant therein for the offence
punishable under section 498A r/w. 34 of the Indian Penal
Code and also the deposition of the Appellant in the Trial
Court. Taking our over all view, the impugned judgment
and order passed by the Family Court will have to be
quashed and set aside and the appeal filed by the Appellant
will have to be allowed.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL NO.118 OF 2006
Nitin Ramesh Dhiwar )

Versus
Sou. Roopali Nitin Dhiwar )

CORAM: V.M. KANADE &
P.D. KODE, JJ.
DATE: 16th August, 2012