Sivasankaran Vs Santhimeenal on 13 Sep 2021
Citations :
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Tag: Filing False Criminal Complaints causes Mental Cruelty
Mangayarkarasi Vs M Yuvraj on 03 March 2020
Supreme Court said that, acquittal from a false criminal case
From Para 15,
Mangayakarasi Vs M Yuvraj on 03 March 202015. It cannot be in doubt that in an appropriate case the unsubstantiated allegation of dowry demand or such other allegation has been made and the husband and his family members are exposed to criminal litigation and ultimately if it is found that such allegation is unwarranted and without basis and if that act of the wife itself forms the basis for the husband to allege that mental cruelty has been inflicted on him, certainly, in such circumstance if a petition for dissolution of marriage is filed on that ground and evidence is tendered before the original court to allege mental cruelty it could well be appreciated for the purpose of dissolving the marriage on that ground.
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Other Source links: https://indiankanoon.org/doc/39962638/
Raj Talreja Vs Kavita Talreja on 24 April 2017
Supreme Court had that filing false complaints caused mental cruelty and thereby gives opportunity to seek divorce on the ground of Cruelty.
Raj Talreja Vs Kavita Talreja on 24 April 2017“11. Cruelty can never be defined with exactitude. What is cruelty will depend upon the facts and circumstances of each case. In the present case, from the facts narrated above, it is apparent that the wife made reckless, defamatory and false accusations against her husband, his family members and
colleagues, which would definitely have the effect of lowering his reputation in the eyes of his peers. Mere filing of complaints is not cruelty, if there are justifiable reasons to file the complaints. Merely because no action is taken on the complaint or after trial the accused is acquitted may not be a ground to treat such accusations of the wife as cruelty within the meaning of the Hindu Marriage Act, 1955 (for short “the Act”). However, if it is
found that the allegations are patently false, then there can be no manner of doubt that the said conduct of a spouse levelling false accusations against the other spouse would be an act of cruelty.”
Citations: [2017 SCC ONLINE SC 462], [MANU/SC/0493/2017], [2017 AIR SC 2138], [2017 ALR 123 835], [2017 ALD 4 189], [2017 CHN SC 3 77], [2017 CTC 4 208], [2017 CLT 124 401], [2017 DMCSC 2 317], [2017 JLJ 3 367], [2017 JLJR 2 470], [2017 MLJ 4 190], [2017 PLJR 2 475], [2017 RCR CIVIL 2 1044], [2017 SCALE 5 413], [2017 SCJ 5 418]
Other Source links: https://indiankanoon.org/doc/139144445/ and https://www.casemine.com/judgement/in/58fe28e753bee70a8573e00c
Suchitra Kumar Singha Roy Vs Arpita Singha Roy on 20 March 2020
Knife filed false criminal cases and the husband and his father had to be in police custody for nine days. This is cruelty and hence divorce for husband.
Suchitra Kumar Singha Roy Vs Arpita Singha Roy on 20 March 2020Citations:
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K.Srinivas Vs K.Sunita on 19 November, 2014
Wonderful judgment from the Hon’ble Supreme Court whereby it is declared that filing a false complaint by Knife on husband and his family constitutes cruelty and this is sufficient ground a marriage can be dissolved.
The prosecution tried these tactics to counter the appeal from Husband
- if a specific finding regarding the falsity of the criminal complaint was returned
- if the Complainant or a witness on her behalf had committed perjury or had recorded a contradictory or incredible testimony
- it is not possible to label the wife’s criminal complaint detailed above as a false or a vindictive action. In other words, the acquittal of the Appellant and his family members in the criminal complaint does not by itself, automatically and justifiably, lead to the conclusion that the complaint was false
- the investigation may have been faulty
- the prosecution may have been so careless as to lead to the acquittal, but the acquittal would not always indicate that the Complainant had intentionally filed a false case
Hon’ble two-judge bench has destroyed this angle in Para 5.
The Respondent-Wife has admitted in her cross-examination that she did not mention all the incidents on which her Complaint is predicated, in her statement under Section 161 of the Cr.P.C. It is not her case that she had actually narrated all these facts to the Investigating Officer, but that he had neglected to mention them. This, it seems to us, is clearly indicative of the fact that the criminal complaint was a contrived afterthought. We affirm the view of the High Court that the criminal complaint was “ill advised”.
Final nail in the coffin:
Prosecution: the filing of the criminal complaint has not been pleaded in the petition itself by Husband
Supreme Court: the criminal complaint was filed by the wife after filing of the husband’s divorce petition, and being subsequent events could have been looked into by the Court.
This is also called as Counter blast.
In Para 7,
We unequivocally find that the Respondent-Wife had filed a false criminal complaint, and even one such complaint is sufficient to constitute matrimonial cruelty.
K. Srinivas vs K. Sunita on 19 November, 2014
Citations: [2014 SUPREME 8 36], [2015 JLJR SC 1 114], [2014 JT 13 8], [2015 SCC CRI 3 400], [2015 RCR CIVIL SC 1 38], [2014 AIOL 702], [2015 ALLCC 90 808], [2015 ALLMR SC 2 435], [2015 ALR 108 742], [2015 AWC SC 1 80], [2015 SCSUPPL CHN 1 233], [2015 LW 4 671], [2015 OLR 1 267], [2015 PLJR 1 126], [2015 PLR 179 435], [2014 SCC 16 34], [2015 SCC CIV 3 415], [2014 SCC ONLINE SC 915], [2015 AIC 146 107]
Other Source links: https://indiankanoon.org/doc/175889126/ and https://www.casemine.com/judgement/in/5767b12be691cb22da6d57e4
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
Jagbir Singh vs Nisha on 11 March, 2015
This is a case of a Knife, named Nisha, who filed false criminal cases (498A, 406 and DV Case) on the Husband and his family that got dismissed as prosecution failed to prove the cruelty allegation. The trial court found them to be totally unfounded and baseless. Moreover, The father of the appellant at the ripe old age is facing a charge under Section 354-A IPC.
After all this nonsense, also filed RCR under Section 9 of HMA !!
Jagbir Singh vs Nisha on 11 March, 2015Unsubstantiated and unfounded allegations made by a spouse as against the other spouse would amount to cruelty.
Pratham Singh vs Rajesh on 3 December, 2014
Read this Judgment for Hon’ble Punjab and Haryana High Court granting divorce on the grounds of cruelty and desertion.
Further, her complaint under sections 498A, 406, 506 IPC against the appellant and his family members was dismissed. Even appeal against the aforesaid order was also dismissed. Her complaint under sections 494/109 IPC remained unsuccessful. The trial court thus was not right in dismissing the petition filed by the appellant husband.
It has been authoritatively held by the Apex Court in K. Srinivas Rao’s case (supra) and a Division Bench of this Court in Imlesh v. Amit, AIR 2014 Punjab and Haryana 89 that where the wife files false criminal complaint against the husband and his family members under Sections 406, 498A of the Indian Penal Code which results in their acquittal, this act of the wife causes mental cruelty and the husband is entitled to a decree of divorce under Section 13(1)(ia) of the Act.
Pratham Singh vs Rajesh on 3 December, 2014
Read the other judgments cited in this order here.
Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in
