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Lodging of false fir for offences u/s 498a amounts to mental


Lodging of false FIR for offences u/s 498A amounts to mental cruelty

From the above discussions and circumstances it is clear that the appellant was never willing and ready to live with the respondent and to discharge her marital obligations without the consent of the respondent and any reasonable cause. The suit for restitution of conjugal rights was filed by her only to create evidence, and when the suit was not contested and decreed on consent by the respondent, the appellant cleverly found out a way of lodging false F.I.R. for offences under Sections 498A, 323, 506, I.P.C. so that she may have an excuse not to comply with the decree. The circumstances discussed above clearly show that the F.I.R. was not only false but was also malicious and without any reasonable ground and was to make out the defence.The lodging of the false F.I.R. for offences under Sections 498A, 323, 506, I.P.C. without any reasonable cause and maliciously also amounts to the mental cruelty.

Allahabad High Court
Smt. Archana vs Dr. P.K. Tomar on 4 February, 2003
Equivalent citations: AIR 2003 All 214, 2003 (2) AWC 1119


 3 Replies

kvss.prabhakar rao (Advocate )     20 June 2013

· Repeated demand of dowry and mental torture amounts to mental cruelty – AIR 1988 SC 958, however a false case initiated under the garb and pretext of false complain of demand of dowry with an ulterior motive to harass the husband is mental cruelty on the husband.


·          Again, writing defamatory complaints and letters to the employers and colleagues of the husband would amount to cruelty by the wife. – AIR 1986 Del 60; – AIR 1988 Del 14; – (1995)I DMC 329

·          Complaints or letters to superiors of spouse containing false and baseless allegations would amount to cruelty – (2000)10 SCC 540.


Harsh (Manager)     21 June 2013


the above judgement - was it given while the 498a was still under trial (meaning not acquitted yet)? If yes

then does it mean that that court recognized the FIR as a false fir before the acquittal?

rachitsinghkushwha (reviewer)     15 December 2013

its sound rubbish but what police can do. court is also giving time to understand mistakes. but day will come when punishment will prevail

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