The Punjab & Chandigarh High Court has made it clear that framing a husband in a false case and making him unsuccessfully undergo a criminal trial amounted to mental cruelty and abandonment, both grounds for divorce. Despite the same, yet again there has been no conviction for the perjurer wife.
- Couple got married in 1994 and husband filed the divorce petition in 2005
- As a rebound, the wife filed charges of Dowry harassment on the husband and his family under Section 498A of the IPC (after living together for 11-years)
- The couple has been living separately for past 15-years and the matter was pending in court since then
- The Bench also observed that the wife in the criminal case had levelled serious allegations of physical torture and demand of dowry against the husband
- Not just this, the respondent-wife had also gone to the extent of alleging that her father-in-law tried to rape her
- Referring to a recent Supreme Court judgment, a Division Bench of the High Court asserted that the act of a wife in filing a criminal case alleging torture, in which the husband was eventually acquitted, amounted to mental cruelty
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Allowing the divorce petition filed by the husband, the Bench of Justice Rajan Gupta and Justice Karamjit Singh asserted that a wife surely had the right to file a complaint or lodge prosecution for redressal of her grievance. Also, mere lodging of a complaint or FIR could not be “ipso facto” treated as cruelty.
However, the same amounted to mental cruelty when a husband underwent a trial in which he was acquitted of the allegations levelled by a wife of subjecting her to cruelty under Section 498 A of the IPC.
The Bench quoted:
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The HC Bench asserted it was open for a wife to file a complaint or lodge prosecution for redressal of her grievance. The mere lodging of a complaint or FIR could not be “ipso facto” treated as cruelty. But it amounted to mental cruelty when a husband underwent a trial in which he was acquitted of the allegations levelled by a wife of subjecting her to cruelty.
- Women had literally made a mockery of our judicial system by filing false and fabricated cases on husbands and their families
- Sometimes, they use this legal tool to settle a score and on other occasions this section is often used to legally extort a big sum as one-time settlement in the name of alimony
- Fifteen years is almost half the lifetime in one’s married life and our system has no regrets whatsoever to keep the matter pending for decades
- What good is a divorce granted to a man after 15-years of battle?
- He cannot resettle and start afresh or plan a family again
- The woman hardly loses anything because she is the one to have filed a false case, while she is fully aware that the same is only for harassing the ex-spouse and his family
- Our courts have absolutely no courage or law in place to convict such fraudulent women, thereby allowing them several more opportunities of filing frivolous litigations against anyone anytime
READ ANOTHER CASE BELOW WHERE MINOR CHILDREN TOO HAVE NOT BEEN SPARED BY WOMEN IN THEIR FALSE CASES –
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