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Law_Learner (Asst. Mgr.)     24 November 2014

False dowry case ground for divorce

Dear all,

Supreme Court has ruled that false dowry charge is a ground for divorce. Please see the full news on TOI.

https://timesofindia.indiatimes.com/india/False-dowry-charge-ground-for-divorce-Supreme-Court-rules/articleshow/45253503.cms

 



Learning

 8 Replies

tejeshwar.d.c (no)     24 November 2014

thank you  i am looking out  for this types of judgements

Law_Learner (Asst. Mgr.)     24 November 2014

all,

please see the attached judgement.

 

Regards,

JanDec


Attached File : 246734524 judgement.pdf downloaded: 180 times

Born Fighter (xxx)     24 November 2014

Thankyou SC, want such orders for filing of False Domestic Violence/Cruelty also

Pavitra Prabhakar (MBA)     24 November 2014

plz mail me the above judgement 246734524_judgement.pdf at ARMYAMIT80@GMAIL.COM

Samir N (General Queries) (Business)     24 November 2014

There are numerous judgements to show that various acts of a wife allow you to get divorce and also to negate maintenance demands.  While you will find many on the Internet, including this site, if you are actually in a maintenance and "cruelty by wife" dispute with your wife, it is worth buying one of the many books on the subject... "Cruelty by wife," or "cruelty against husband" and these books list a whole lot of useful judgements. You need to research them and ensure that your facts fit in... The key is that these acts by wife should equate to cruelty which in turn is grounds for divorce.  That equation is fulfilled by the relevant judgement and then all you need to do is to establish the fact. For example, false allegation of bigamy, false allegations of extra-marital affairs, especially with relatives (sister-in-law, cousin, etc.), false police complaints resulting in arrest, cruelty to elderly in-laws, harassment at work resulting in losing job, false allegation of affair with employees or co-workers, etc. all amount to cruelty and therefore provide grounds for divorce. Divorce resulting from cruelty by wife, if argued properly during maintenance hearings, can result in denial of maintenance to wife. It sounds obvious. WHy should a husband who has been brutalized by his wife resulting in divorce be burdened now in maintaining her? It would be like rewarding someone for been cruel.  Thats what a good advocate would argue to oppose maintenance to an ex-wife after divorce is granted based upon cruelty by her. 

Law_Learner (Asst. Mgr.)     24 November 2014

My Question to the Forum. At present can divorced be not passed basis the "false FIR under any section" by wife?

Regards, JanDec

tejeshwar.d.c (no)     24 November 2014

thank u  "jandec" for the above attachment ..... 

fighting back (exec)     24 November 2014

if we interpret the present judgement/ruling of the SC only on the basis of ' false accusations of dowry' not taking into consideration on what specific section this judgement was given (in this case it was 498a) then a lot of people would get divorce, as almost all kinds of petitions filed directly in court have accusations of dowry harrassment and dowry demands, be it 125, HMA 24, even RCR cases have sprinklings of accusation or dowry demanded to the sati savitri naari, and inspite of this demand this naari is ready to live with the husband via RCR decree.

so in short, is it ok to interpret this judgement/observation/order to fit into any case which has a dowry element added to it, like cases of 125, RCR, DV. HMA 24 etc.........

also request other experts to share their views on this .
 

thanks


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