The Chhattisgarh High Court recently stated that section 498-A IPC complaints should not be misused to take revenge on the husband’s family. The Court said such complaints cannot be used as a weapon to settle personal issues.
This decision came from a Bench of Justices Goutam Bhaduri and Rajani Dubey while deciding a divorce case. The husband approached the High Court after the Family Court rejected his divorce plea.
In this case, the wife had filed an FIR under section 498-A against her husband, his elderly parents, and other family members, claiming cruelty. She accused them of demanding Rs 1 lakh and said her husband had an affair with another woman. She argued that due to this cruelty, the husband should not get a divorce.
The husband denied all allegations and said the false charges damaged his reputation. When the Family Court refused the divorce, he moved to the High Court.
The court found that all accused family members were acquitted of the charges. It said that the wife making false allegations is itself a form of cruelty.
The trial court agreed that after receiving the divorce notice, the wife falsely accused the husband and his family, and no offence under 498-A IPC was made out.
The court said that filing false 498-A complaints harms the social standing of the accused family. It causes isolation and stigma because of the criminal trials faced. The court warned that before making such allegations, the social status and background of the parties must be considered. Otherwise, false complaints become mental cruelty.
The court further explained that the husband is a doctor, while the wife is a private teacher. Facing false criminal charges brings social stigma that damages the husband’s career and future. Using 498-A complaints as a weapon against the husband’s family causes mental pain and suffering and makes it impossible for them to live together.
Therefore, the court granted the divorce to the husband but ordered him to pay Rs 15,000 per month as alimony to the wife.
Case Title: Dr Ramkeshwar Singh versus Smt Sheela Singh
Case Number: FAM 94/2010
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
