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making false complaint is a ground for divorce.

False comaplaint is a ground for divorce

 

“Wife filed  false complaint u/s 498a Ipc, and that the fact itself of

filing  a  false  complaint  constitutes   cruelty  within  the

meaning of section 13(i) (a) of the Hindu Marriage Act,1956.”

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

FAMILY COURT APPEAL NO.118 OF 2006

Nitin Ramesh Dhiwar )

Adult, Occupation Service, )

R/o. SHBA, Monika Housing Society, )

D-Building, Flat No. F-9, Near )

Pimple Kale Road, Pimpri, Pune-411 017 )…Appellant

(Org. Petitioner)

Versus

Sou. Roopali Nitin Dhiwar )

Adult, Occ: Service, R/o. Ratnakar )

Ghorpade, Near Ravi Complex, )

Pimpri, Pune- 411 017 )..Respondent

(Org. Respondent)

****

Mrs. Madhavi Tavanandi for Appellant

None for the Respondent

****

CORAM: V.M. KANADE  &

P.D. KODE, JJ.

DATE:    16

th

August, 2012

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( FCA 118 of 2006)

ORAL JUDGMENT [PER: V.M.KANADE J.]

1. Heard the learned counsel appearing on behalf of

the Appellant. None appears on behalf of the Respondent,

though she was served.

2. The Appellant is aggrieved  by the judgment and

order passed by the District Judge-4, Pune on 7.9.2006, who

was pleased to dismiss the petition for divorce filed by the

Appellant herein.

3. Brief facts are as under:

The Appellant is the husband and the Respondent

is the wife (hereinafter the Appellant shall be referred to as

“husband” and Respondent shall be referred to as “wife”).

They got married on 12.11.2001.  However, soon thereafter,

there were disputes and differences between the husband

and wife.    A complaint was registered by the Pimpri Police

Station  for  the offences punishable under  sections 498A,

323, 504, r/w. 34 of the Indian Penal Code.  I  The husband

filed a petition for divorce in the District Court, Pune on the

ground of cruelty, inter alia, it was urged in the trial court

that a false complaint was filed by the wife  against the

husband and his family members for the offence punishable

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( FCA 118 of 2006)

under section 498A, 323, 504, r/w. 34 of the Indian Penal

Code.

4. It is submitted submitted that the Trial Court after

perusing  the  evidence  which  was  adduced  by  the

prosecution,  was pleased to dismiss the criminal complaint.

5. The learned counsel appearing on behalf of the

Appellant,  inter  alia,  submitted  that   this  Court  has

consistently held that in the event a criminal complaint is

filed by the wife for the offence punishable under section

498A  and the said complaint has been dismissed,  then in

that event, an  inference can be drawn by the Court that the

said complaint is a false complaint and that the fact itself of

filing  a  false  complaint  constitutes   cruelty  within  the

meaning of section 13(i) (a) of the Hindu Marriage Act,1956.

In support of the said submission, the learned counsel for

the Appellant has relied on the judgment of this Court in

Family Court Appeal No. 158 of 2008 dated 6

th

May, 2010

decided by the Division Bench  of this Court [Coram: A.P.

Deshpande & Smt. R.P. Sondurbaldota, J.J.]

6. We have perused the judgment and order of the

Judicial Magistrate, First Class, Pimpri at Pune -18 in C.C. No.

1175  of  2003.   We  are  satisfied   after  reading  the  said

judgment and order  that the said complaint which was filed

by the Respondent is  a false complaint and that is  the only

inference which can be drawn  from the judgment and order

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( FCA 118 of 2006)

of the Trial Court.

7. In  our  view,  filing of a false criminal complaint

itself amounts to  cruelty within the meaning of section 13(i)

(a) of the Hindu Marriage Act.   A similar view was taken by

the Division Bench of this Court in Family Court Appeal No.

158  of  2008.   The  Division  Bench   had  taken  into

consideration the judgment and order passed by the Trial

Court  of acquitting the Appellant therein for the offence

punishable under section 498A r/w. 34 of the Indian Penal

Code and also the deposition of the Appellant in the Trial

Court.   Taking our over all view,  the impugned judgment

and  order  passed  by  the  Family  Court  will  have  to  be

quashed and set aside and the appeal filed by the Appellant

will have to be allowed.

8. The Family Court Appeal is, accordingly, allowed

and the judgment and order passed by the District Court,

Pune in Marriage Petition No. 12 of 2004 dated 7.9.2006 is

quashed and set aside and a decree and divorce is granted

to the Appellant as prayed by him in the Petition for Divorce

filed by him in the Family Court.  Family Court Appeal is

disposed of.

(P.D.KODE J.) (V.M. KANADE J.)

V.A. Tikam

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