This is not a first time event that a husband was granted divorce on grounds of cruelty due to filing of false complaint under IPC 498a. But it is a welcome step that the courts which do not take up perjury complaints easily at least are giving some relief for aggrieved parties on the receiving end of false complaints.
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MUMBAI: Filing a false criminal case against the husband and in-laws for harassment amounts to cruelty and is ground for divorce, the Bombay high court. “Humiliation… that is caused on account of arrest and detention of appellant and his family members and relatives in a false case does constitute mental cruelty to enable the husband to seek decree of divorce on this sole ground,” said a division bench of Justices A P Deshpande and R P Sondurbaldota while granting divorce to a Pune resident.
The family court dismissed Dyanesh’s plea for divorce saying that a single complaint filed by the wife could constitute cruelty. Dyanesh moved the HC in appeal. His lawyers claimed that the arrest and detention of the family members and Dyanesh’s near relations in a false case “has caused him agony”.
The HC agreed with Dyanesh’s contention. “One thing is crystal clear and it can be safely assumed that the wife had filed a false case not only against her husband and mother-in-law but had unnecessarily roped in other near relations,” said the judges, adding, “It is obvious that on account of arrest and detention of the husband and his family members, Lata has treated Dyanesh with utmost mental cruelty and he has suffered agony.”