Lodging False Cases Against Husband Is Cruelty: Bombay High Court
The Aurangabad bench of the Bombay High Court has declared that filing false criminal cases against a husband and his family members amounts to cruelty. This ruling came as the court upheld a divorce granted by a lower court.
Justice YG Khobragade was presiding over an appeal by a wife seeking restitution of conjugal rights. The lower court had already granted a divorce based on the husband’s plea, and the high court refused to overturn this decision.
The couple married in 2004 in Parbhani and lived together until 2012, having a daughter during their marriage. In 2012, the wife left the husband and moved back to her parents’ house with their daughter. In 2015, she filed for the restoration of conjugal rights, claiming that although the court ruled in her favor, she couldn’t find her husband when she returned, leading her to file a missing complaint and initiate further legal proceedings.
The husband argued that his wife had filed numerous false criminal complaints against him and his family, causing them significant mental anguish. He stated that she even accused his father and brother of molestation, cases in which they were later acquitted. However, these accusations caused severe trauma and damaged their reputation.
Justice Khobragade noted that filing proceedings under the Domestic Violence Act and seeking restitution of conjugal rights doesn’t inherently constitute cruelty. However, lodging false, baseless reports against the husband and his family members does fall within the scope of cruelty.
The court agreed with the lower court’s finding of cruelty on the wife’s part and dismissed her petition. The high court emphasized that there was no perversity or illegality in the lower court’s order granting the divorce.
This ruling underscores the serious consequences of filing false legal cases and the mental strain it places on the accused parties, reaffirming the importance of honesty in legal disputes.
