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Roshni B.. (For justice and dignity)     11 April 2011

Filing of criminal cases by wife not mental cruelty: HC

The Delhi High Court has said filing of criminal cases by the wife would not constitute "mental cruelty" and declined to grant divorce to a man on the ground that his wife had filed such cases to harass him and his family members following a matrimonial dispute.

Justice Kailash Gambhir allowed an appeal filed by a woman challenging the trial court's order granting divorce on her husband's plea that he and his family members were facing criminal cases lodged by his wife, which constituted harassment and cruelty.

Setting aside the trial court's findings, Justice Gambhir said "this court does not find any merit in the reasoning given by the learned trial court that since there were more criminal cases filed by the appellant(wife), therefore, filing of such criminal cases would constitute cruelty to the respondent (husband)".

"As per the settled position of law, looking into the background of the aforementioned criminal cases filed by the wife, it is difficult to accept the argument of the counsel for the husband that the same were filed by the wife just with a view to harassing her husband and the same were without any basis", the court said while referring to the Supreme Court judgements.

 

The court accepted the wife's arguments that the circumstances, including an alleged assault of her and also an attempt by the accused persons to kill her, forced her to register criminal cases against the husband and his family members.

"The conduct should be something much more than the ordinary wear and tear of married life and should touch a certain pitch of severity. What may be cruelty in one case may not be cruelty in the other case and each case has to be seen from the prism of its own peculiar fact and situation," the court said.

 

The court has rejected the husband's submission that his wife started harassing him on one pretext or the other like demand for a separate residence, getting her pregnancy aborted without the consent of the respondent, alleging that her life has been ruined by marrying a simple clerk and other such imputations.

According to the wife's appeal, their marriage was celebrated as per the Hindu rites and customs in April 1994.

After a few years, their relationship turned sour, following which her husband had moved a petition before the trial court seeking divorce and the court had in May, 2009, granted him the same.

 

https://www.indianexpress.com/news/filing-of-criminal-cases-by-wife-not-mental-cruelty-hc/774700/2



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 7 Replies

Legal_Help (Consultant)     12 August 2011

HI,

This is absolutely nonsense..... Wife can do whatevershe wants... filling so many criminal cases againt husband and family memebrs... If she is having so much grudges against husband and family members then why does she want to stay with them? Why dont she move out?

Dont know when the judiciaryn will understand the misuse of such laws by wife......


(Guest)

Judge ko baad mein "Kuch" milta hoga 498A wives se...hehehe


(Guest)

Don't laugh...

Tell us...are these 498A wives super rich so as to "gift" anything to these judges?

 

Female Activist (housewife)     25 August 2011

right princess, these guys have field day because we girls are not very active on net, i have started collecting judgemnets favoring girls would post them all and then see tyhe fun, they would want to kill me, hahahaha

Saurabh..V (Law Consultant)     26 August 2011

The unequivocatory words "Criminal Case" should not be read into "False/Frivuluous Criminal Case".

 

This is the apathy of our Investigation Wing = POLICE. They read anything from the news papers and understand whatever they want.

 

This is constitutionaly incorrect to give supernatural powers to police which is free to investigate in any manner they want and the trial judge cannot even comment about the ways of investigation.

 

Just if a wife filed a true case does not meancruelity. But a false case SHALL BE DEEMED AS CRUELITY !! Newspapers forgets to report the full and actual report. They only want to print what sells...

 

//peace

/Saurabh..V


(Guest)
Originally posted by :Female Activist
"
right princess, these guys have field day because we girls are not very active on net, i have started collecting judgemnets favoring girls would post them all and then see tyhe fun, they would want to kill me, hahahaha
"

your meaning of your words are not clear...

girls to be active in net is not an important thing.Better we should ensure humanly living of innocent women around us  in our real life.

Avnish Kaur (Consultant)     30 August 2011

Judge is very right

that Filing of criminal cases by wife not mental cruelty


 "   BUT

he has not said

That Filing of False cases not mental cruelty"

if u can prove that cases were really fake with malafide intention IT IS MENTAL CRUELTY
even if how much the judge may be biased.

so dont be disheartened and prove fake cases as fake. main point  is to give a good evidence.


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