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    Husband Filing Divorce Petition

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    Raj Kumar
    The Bombay High Court held that a wife filing false criminal cases against her husband and his family due to the husband filing for divorce does not justify her actions and is not a valid defense. The Court observed that the wife filed several criminal cases against her husband and family that were dismissed, amounting to cruelty. Additionally, the wife's demands that her husband not allow any other women into their home besides his mother and sisters, and attempts to restrain him from remarrying, were deemed as groundless accusations amounting to cruelty. The Court also ruled that a second divorce petition can be maintained after an initial petition is withdrawn, as ongoing relations between spouses can lead to further incidents allowing for fresh causes of action.

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    Husband Filing Divorce Petition

    Uploaded by

    Raj Kumar
    413 views2 pages
    The Bombay High Court held that a wife filing false criminal cases against her husband and his family due to the husband filing for divorce does not justify her actions and is not a valid defense. The Court observed that the wife filed several criminal cases against her husband and family that were dismissed, amounting to cruelty. Additionally, the wife's demands that her husband not allow any other women into their home besides his mother and sisters, and attempts to restrain him from remarrying, were deemed as groundless accusations amounting to cruelty. The Court also ruled that a second divorce petition can be maintained after an initial petition is withdrawn, as ongoing relations between spouses can lead to further incidents allowing for fresh causes of action.

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    lodge false crimial case against the husband is no justification

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    The Bombay High Court held that a wife filing false criminal cases against her husband and his family due to the husband filing for divorce does not justify her actions and is not a valid defense. The Court observed that the wife filed several criminal cases against her husband and family that were dismissed, amounting to cruelty. Additionally, the wife's demands that her husband not allow any other women into their home besides his mother and sisters, and attempts to restrain him from remarrying, were deemed as groundless accusations amounting to cruelty. The Court also ruled that a second divorce petition can be maintained after an initial petition is withdrawn, as ongoing relations between spouses can lead to further incidents allowing for fresh causes of action.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    413 views2 pages

    Husband Filing Divorce Petition

    Uploaded by

    Raj Kumar
    The Bombay High Court held that a wife filing false criminal cases against her husband and his family due to the husband filing for divorce does not justify her actions and is not a valid defense. The Court observed that the wife filed several criminal cases against her husband and family that were dismissed, amounting to cruelty. Additionally, the wife's demands that her husband not allow any other women into their home besides his mother and sisters, and attempts to restrain him from remarrying, were deemed as groundless accusations amounting to cruelty. The Court also ruled that a second divorce petition can be maintained after an initial petition is withdrawn, as ongoing relations between spouses can lead to further incidents allowing for fresh causes of action.

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    © All Rights Reserved
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    Husband filing divorce petition is no justification for wife to lodge false criminal cases against him and his

    family: Bombay HC (DB)


    Only because the husband had filed divorce petition, would be no licence for the wife to file criminal cases
    making wild allegations which she is unable to prove, the Bench said.
    Bombay High Court has held that the husband filing divorce petition, would be no justification for the wife to
    file criminal cases making wild allegations which she is unable to prove. Division Bench comprising of Justices
    A.I.S. Cheema and R.M. Borde said that the husband is entitled to get divorce from his wife who subjected him
    and his family to cruelty by lining up false cases against him and his family.
    Context
    The Court made this observation while setting aside a Family Court order which had dismissed the Husbands
    petition for divorce by rejecting the ground of cruelty. In its judgment, the Family Court had justified the filing
    of criminal case by the wife under Section 498A IPC on the reasoning that it was the husband who first filed
    divorce.
    The Court observed that various criminal cases were filed by the wife against her husband and family which got
    dismissed. Referring to Apex Court ruling in K. Srinivas vs. K. Sunita, the Court said that wife filing such wild
    and unfounded cases amounts to cruelty towards husband. When the family is facing such criminal prosecution,
    and they had to face arrest and the wife is making allegations against the character of the husband, mental
    cruelty is clearly established, the Bench observed.
    Groundless and unsupported doubts amounts to cruelty
    In her complaint to Women and Child Welfare Officer, the wife had prayed that her husband should be
    restrained from letting other women come to the building than his mother and two sisters and no such other
    woman should be allowed to stay there as paying guest or tenant or to come as friend. The Court said Such
    psyche of groundless, unsupported doubts by one spouse as seen in present matter (of seeking to keep out all
    women (other than mother and sisters) from the house and baseless suit to restrain husband from re-marrying)
    cast aspersions on character of the other spouse amounting to cruelty.
    Second divorce petition maintainable after first one was withdrawn
    In this case, the husband had filed a divorce petition in 2004, which was withdrawn and no permission was
    obtained under Order 23 Rule 1 of Code of Civil Procedure. Relying on Apex Court ruling in N.R. Narayan
    Swamy vs. B. Francis Jagan, the Court said that in this subsequent case, although the foundational facts
    regarding relationship of the parties remain the same, the present proceedings could not be said to be barred as
    although they refer initially to earlier incidents, they are based on events which took place subsequent to the
    filing of the earlier proceeding which was sought to be withdrawn in view of the subsequent developments.
    When the relationship continues between the couple, there could be recurring incidents giving rise to fresh
    causes of actions and claim for relief which would be subject matter for the subsequent action, the court said.

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