Supreme Court ;False dowry charge is ground for divorce
NEW DELHI: If a woman's complaint accusing her husband and in-laws of cruelty under the dreaded Section 498A of Indian Penal Code turns out to be false, then the man is entitled to divorce, the Supreme Court has ruled.
Allowing dissolution of marriage between K Srinivas and K Sunita, the court said, "We unequivocally find that the respondent-wife had filed a false criminal complaint, and even one such complaint is sufficient to constitute matrimonial cruelty. We accordingly dissolve the marriage of the parties."
After the wife left her matrimonial home on June 30, 1995, the husband filed a divorce suit on July 14, 1995 on the ground of cruelty as well as irretrievable breakdown of marriage. The wife retaliated by filing a criminal complaint against her husband and seven of his family members under various provisions of IPC and Dowry Prohibition Act. The husband and his family members were arrested and jailed.
A Hyderabad court on June 30, 2000, acquitted the husband and his family members of the charges leveled against them by the wife. Another family court granted divorce to the husband on December 30, 1999 on grounds of cruelty as also irretrievable breakdown of marriage. But the HC, on the woman's appeal, set aside the divorce decree.
Allowing dissolution of marriage between K Srinivas and K Sunita, the court said, "We unequivocally find that the respondent-wife had filed a false criminal complaint, and even one such complaint is sufficient to constitute matrimonial cruelty. We accordingly dissolve the marriage of the parties."
After the wife left her matrimonial home on June 30, 1995, the husband filed a divorce suit on July 14, 1995 on the ground of cruelty as well as irretrievable breakdown of marriage. The wife retaliated by filing a criminal complaint against her husband and seven of his family members under various provisions of IPC and Dowry Prohibition Act. The husband and his family members were arrested and jailed.
A Hyderabad court on June 30, 2000, acquitted the husband and his family members of the charges leveled against them by the wife. Another family court granted divorce to the husband on December 30, 1999 on grounds of cruelty as also irretrievable breakdown of marriage. But the HC, on the woman's appeal, set aside the divorce decree.
https://www.lawweb.in/2014/11/supreme-court-false-dowry-charge-is.html
