Male are not safe in India..

Tuesday, 30 July 2013

High court alert on 498A

The high court on Thursday observed that some women were abusing IPC Section 498A to harass those the clause aims to protect them from — husbands and in-laws.

Justice K.S. Ahluwalia made the observation while quashing criminal charges against Mita Bhaduri and her husband Tapan, who were fearing arrest in connection with a case under section 498A (cruelty by husband or relatives of husband) lodged by her sister-in-law Maumita Maitra.

“The proceedings against the petitioners (Mita and Tapan) will be an abuse of the process of law. The FIR, along with all proceedings against the petitioners, is quashed,” Justice Ahluwalia said in his three-page order.

Quoting a Supreme Court ruling, Justice Ahluwalia said: “The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. The tendency of implicating all immediate relations is also not uncommon. The courts have to be extremely careful and cautious while dealing with these complaints and must take pragmatic matrimonial cases.”

Legal experts in the city welcomed Justice Ahluwalia’s view, which they said had highlighted the tendency of a section of women and their family members to misuse article 498A and lodge false complaints against in-laws.

“If a woman lodges a complaint of torture against her husband or any of her in-laws within seven years of marriage, police will have to arrest the accused first. No investigation is needed to arrest the accused or family members. Many women misuse the law to falsely implicate their husbands and in-laws,” said lawyer and former mayor Bikash Ranjan Bhattacharyya.

Maumita, a resident of Khardah, on the northern fringes of the city, had married Atanu in December 2002. The couple, who had been living at Atanu’s house in Sodepur, have two daughters — Arunima, 7, and Archisha, 5.

In December 2012, Maumita had lodged a complaint of torture against her husband, sister-in-law Mita and her husband Tapan.

Mita and Tapan — the couple got married in 1983 — live at Sinthee, around 12km from Atanu’s house. They moved a petition in the high court, seeking quashing of the proceedings against them.

The couple’s lawyer Debabrata Chatterjee submitted: “Maumita had complained that she had been regularly subjected to mental and physical torture by my clients. Is it possible? Mita and her husband have their own family. Why will they go to Sodepur regularly and torture Maumita?”

The judge observed: “It’s a fact that Mita and Tapan lived far way from the complainant’s house. The sister, who got married 19 years before her brother’s wedding, had nothing to do with the brother’s matrimonial affairs.”

http://www.telegraphindia.com/1130126/jsp/calcutta/story_16485664.jsp#.Uffp-m0uxRA

controversial Property sharing in IrBM Divorce in India wedlock to deadlock NDTV 24x7 12 may2013

controversial Property sharing in IrBM Divorce in India wedlock to deadlock NDTV 24x7 12 may2013

http://www.youtube.com/watch?v=ogLJVB3_Dn0

Shooting begins for '498A - The Misuse'

Shooting begins for '498A - The Misuse'

Sameer Sinha will begin shooting his bilingual, '498A — The Misuse' , with Romit Raj, Kanchana Moitra, Moubani Sorcar and Sania Chaudhury

In recent times, some online forums had debated the need of a film that speaks about the misuse of IPC-498 A. The latest news is that a bilingual film on this subject is being made out of Kolkata. Titled "498A — The Misuse", the film will highlight the way some women in urban India are taking refuge in the law to harass men. The film will be made in Hindi and English and will be shot in Kolkata and Pune. Starring Romit Raj in the lead, the film also marks the non-Bengali language film debut of Kanchana Moitra and Moubani Sorcar.

Incidentally, the Supreme Court, reacting to a writ filed in 2005 (Sushilkumar Sharma v/s Union of India), had termed misuse of 498A as legal terrorism. It is this menace that director Sameer Sinha wants to highlight through the film.

While the laws were formulated to actually help oppressed women of rural India, today there is a large section of men who are harassed by the misuse of the laws by women in urban India. What does a man do if he is falsely implicated by 498A? What happens to a man if he is trapped in a bad marriage? While doing the research, I found that there are thousands of victims who have never been addressed. It's an academic subject and has hardly been addressed by anyone. Our film is about what a man or his family ought to do if he finds himself in such a situation," Sameer says.

Incidentally, the story is about a young couple (Romit and Sania Chaudhury) who fall in love. But once the marriage turns bitter , Romit wants to come out of the marriage . But Sania misuses 498A to trap Romit. The film is about how Romit tries to come out of the mess. "I wanted someone who is fresh but has worked in the industry. In this film, Moubani is playing Romit's saviour. While I had auditioned a lot of girls in Kolkata, it was only Moubani who fit the bill at the screen test. Sania, who is from Kolkata and is now working in Telugu film industry, plays Romit's wife. I liked Kanchana's work in "Bye Bye Bangkok" and, hence, cast her. Through the film, I want to tell the youth that it's good to know the person well before taking the plunge. Otherwise, the legal system is such that it might unnecessarily make one pay a heavy price for it." Says Kanchana, who plays a psychopath in the film, "Some of my friends from the film industry have been victims of the misuse of this law. I have seen how they've suffered silently. Since this film will convey a very serious message, I was more than eager to be a part of this venture. In the movie, I play a loner, who has a negative influence on her sister and helps her to legally plot against her brother-in-law . I am comfortable speaking Hindi and with a language coach on board, I see no problems doing this bilingual movie."

Shooting for the film will begin in Kolkata on April 17. http://timesofindia.indiatimes.com/entertainment/regional/news-interviews/Shooting-begins-for-498A--The-Misuse/articleshow/7881860.cms?intenttarget=no

प्रेमी से अवैध संबंध में जब हो गई गर्भवती, तो उठाया ऐसा कदम कि...

प्रेमी से अवैध संबंध में जब हो गई गर्भवती, तो उठाया ऐसा कदम कि...

http://www.bhaskar.com/article/CHH-BIL-giving-birth-baby-throwing-boyfriend-girlfriend-arrested-4333040-PHO.html?seq=2&NWSL-rochak_khabare&fb_action_ids=167042603481199&fb_action_types=og.likes&fb_source=other_multiline&action_object_map={%22167042603481199%22%3A1396528397235381}&action_type_map={%22167042603481199%22%3A%22og.likes%22}&action_ref_map=[]

पत्‍नी की किचकिच पर हुआ तलाक तो नहीं मिलेगा गुजारा भत्‍ता

दिल्ली (ब्यूरो)। यदि आप अपनी पत्नी की चिकचिक और अन्य कारणों से परेशान हैं तो आप को यह खबर जरूर राहत देगी। जिसमें मुंबई की एक जिला अदालत ने एक ऐतिहासिक फैसला सुनाते हुए पत्नी को गुजारा भत्ता देने से इंकार कर दिया है। कोर्ट ने घरेलू हिंसा कानून के बढ़ते दुरुपयोग के तहत यह फैसला सुनाया है। सूत्रों के अनुसार, 28 अगस्त को अपने दिए गए फैसले में अपर सत्र न्यायाधीश एपी रघुवंशी ने माना कि घरेलू हिंसा अधिनियम, 2005 के तहत पत्नी किसी राहत की हकदार नहीं है। मुंबई में अनिल और राधा (परिवर्तित नाम) की 29 अप्रैल, 2002 को हिंदू रीति-रिवाज से शादी हुई थी। विवाह के 15 महीने बाद पति ने हिंदू विवाह अधिनियम, 1955 की धारा 13(1) के तहत क्रूरता के आधार पर बांद्रा में तलाक की याचिका दर्ज की। याचिका में अनिल ने अपनी पत्नी पर झगड़ा करने औऱ अशिष्ट व्यवहार करने का आरोप लगाया। अनिल का कहना था कि पत्नी के बुरे बर्ताव के कारण ही उनके संबंधों में दूरी आई। उसके बाद कोर्ट ने काउंसलरों ने इन दोनों को मनाने की कोशिश की। इस दौरान अनिल का पत्नी राधा ने माना कि वह पति के साथ बुरे व्यवहार करती है। हालांकि दोनों संबंध सुधार के तहत फिर अपनी गृहस्थी में जुट गए। लेकिन कुछ दिनों के बाद ही अनिल की पत्नी राधा ने उसके मायके से मिले सभी जेवरों को अपने कब्जे में लेकर गुजारे-भत्ते के लिए आवेदन करने के साथ घरेलू हिंसा अधिनियम के तहत शिकायत दर्ज करा दी। यही नहीं, उसने पति के खिलाफ थाने में भी मामला दर्ज करा दिया। उसने आरोप भी लगाया कि अनिल ने उसकी मां से डेढ़ लाख रुपये लिए हैं। इस पर मजिस्ट्रेट कोर्ट ने पत्नी और बच्चे को प्रति माह तीन हजार रुपये गुजारा-भत्ता बांध दिया। जरूर पढ़ें- पत्‍नी ने 18 साल की युवती से करायी अपने पति की शादी कोर्ट ने राधा की मां से लिए गए डेढ़ लाख रुपये भी लौटाने के आदेश दिए। इस आदेश को चुनौती देते हुए अनिल ने सत्र न्यायालय में गुहार लगाई। सत्र न्यायालय ने अनिल की याचिका स्वीकार कर ली। कोर्ट ने माना कि सुनवाई के दौरान पत्नी आरोपों को साबित करने में विफल रही। लिहाजा, वह राहत की हकदार नहीं है। डेढ़ लाख रुपये लौटाने के संबंध में कोर्ट ने कहा कि यह पति और पत्नी के माता-पिता के बीच का मामला है। इसके लिए सास-ससुर दीवानी का मुकदमा डाल सकते हैं।
http://hindi.oneindia.in/news/2012/08/31/states-mumbai-case-no-maintenance-to-wife-domestic-feud-221269.html

Monday, 29 July 2013

Adulterous wife kills husband

Adulterous wife kills husband

https://www.youtube.com/watch?v=CwsNnwQTCKQ&list=ELrsVTXb3mEAM&index=262

News 9 Anti MARD Law Part1

News 9 Anti MARD Law Part1

http://www.youtube.com/watch?feature=player_embedded&v=wDwIxVqMh1w

Wife burns husband Dead in Madhya Pradesh

Wife burns husband Dead in Madhya Pradesh

http://www.youtube.com/watch?v=e9mA5WI3e-w

Marathi actor Smitha Gondkar files a case against husband

Marathi actor Smitha Gondkar files a case against husband

Marathi actor SmithaGondkar is fighting a legal battle against her husband, a corporator based in Mumbai. Smitha, who has films like 'MumbaichaDabewala', 'Satya-More Than Human' and 'Hip Hip Hurrah' to her credit reveals that she has been subjected to emotional trauma for some time now.

"I have been going through terrible times for more than a year now. I was shocked when I received a call from a woman claiming to be the first wife of my husband SiddharthBanthiya. I was scared of the humiliation I would have to suffer if I spoke out. I was scared of upsetting my professional career as well." Smitha says that she finally mustered up courage and decided to fight through this "injustice". "Siddharth has fooled me and I don't want others to face what I have been subjected to," she said.

The actress has filed a case against her husband in the women's grievance redressal cell accusing him of bigamy. Smitha says that the emotional upheaval has taken a toll on her career. "I have been lucky to have supportive parents. I am trying to focus on my work. I will be married only to work now," she adds confirming that she has some projects lined up.

However, when TOI contacted Siddharth, he claimed he was never married to Smitha. "We were close but were never married. She also wants annulment of marriage but there are no documents to prove that we were married. She is harassing me for money and wants an out of court settlement." Smitha says she will continue to fight her case in court because "no money can bring my self respect and image back." http://timesofindia.indiatimes.com/entertainment/regional/marathi/news-interviews/Marathi-actor-Smitha-Gondkar-files-a-case-against-husband/articleshow/20859560.cms

Matka king murder case: Six including wife, son convicted

Matka king murder case: Six including wife, son convicted

MUMBAI: A sessions court on Friday convicted six accused in the murder case of matka-king Suresh Bhagat, including his wife and son.

According to prosecution, the motive behind the murder was that Bhagat's wife Jaya and son Hitesh wanted to usurp his property and take over his multi-crore gambling business.

Bhagat, along with five others, was killed, in pursuance to a conspiracy, on Alibaug-Pen road on June 13, 2008, when a truck collided with his Scorpio.

Later, police found that the accident had been orchestrated by his wife and others, for taking over the matka business, and they had hired Suhas Roge to do the job.

The Mumbai crime branch had arrested eight persons - Suhas Roge, Harish Mandvekar, Kiran Amle, Shaikh Azimuddin, Pravin Shetty, Jaya Bhagat, Hitesh Bhagat and Kiran Pujari - in connection with the case and booked them under Maharashtra Control of Organised Crime Act (MCOCA).

However, in April 2009, the special MCOCA court dropped the stringent Act after the defence lawyers argued that there were no previous cases against their client - which is an important ingredient for applying MCOCA in the case.

Later, Kiran Pujari and Shaikh Azimuddin sought to become approvers in the case and the court directed a magistrate to record their confessions.

Pujari, in his confession, said that he had met Jaya at her residence and Roge had suggested eliminating Bhagat. He said that Jaya had allegedly said that Bhagat was going to destroy the matka business, and to this, Roge suggested that a more "permanent" arrangement should be made.

Chief public prosecutor Kalpana Chavan told the court that this was a cold blooded murder and examined 80 witnesses to prove the case.

However, what bolstered the prosecution case was the statement of confession by Pujari and Sheikh.

Sessions judge S G Shete convicted six accused for murder and criminal conspiracy and the quantum of sentence is likely to be handed over on July 29. http://timesofindia.indiatimes.com/city/mumbai/Matka-king-murder-case-Six-including-wife-son-convicted/articleshow/21366680.cms

Sunday, 28 July 2013

Marriage Amendment Bill is harmful

Police & judicial process

Police & judicial process...

https://attachment.fbsbx.com/file_download.php?id=540306032697711&eid=AStXjXvViFtlRVnHYhs-pG7Jtb7EXNOD8_yb_NDA_wkTa_sY_Sm8r9XP38LelcxyJ4I&inline=1&ext=1375024438&hash=ASsmcEBR4ycrw7bv

India saw 1,35,445 suicides last year

As many as 1,35,445 people committed suicide in the country last year. Statistics released by the National Crime Records Bureau (NCRB) show that excluding West Bengal, 79,773 men and 40,715 women had taken the extreme step. West Bengal, where 14,957 suicides were reported, did not provide classification statistics to the NCRB.

The rate of suicide last year stands at 11.2 cases for a population of I lakh. As per rounded off figures provided by the NCRB, on an average, 15 suicides an hour or 371 suicides a day had taken place. When scrutinised further, it reveals 242 male and 129 female suicides a day.

Tamil Nadu tops the list with 16,927 suicides, followed by Maharashtra with 16,112 suicides, West Bengal 3rd and Andhra Pradesh following it with 14,328 suicides. The 28 States together accounted for 1,32,667 cases and the seven Union Territories together for 2,778 suicides. In the administrative division of Lakshadweep, only one person committed suicide. In Delhi UT, it was 1,899. Among the cities of the country, Chennai topped with 2,183 cases.

The rate of suicide at the administrative division of Puducherry was the highest in the country, 36.8 for every 1 lakh persons. With a population close to 15 lakh as per estimated mid-year population, 541 persons committed suicide in Puducherry in 2012. Sikkim follows with a rate of 29.1 per cent and Tamil Nadu 3rd with a rate of 24.9 closely followed by Kerala with 24.3. The national average stands at 11.2.

Family problems accounted for 84 suicides a day on an average. The NCRB figures show that social and economic causes have led most of the men to commit suicides whereas emotional and personal causes have mainly driven women to end their lives. The percentage of suicides by married men was 71.6% and married women 67.9%.

One suicide out of every six suicides was committed by a housewife. Andhra Pradesh, Karnataka, Kerala and Tamil Nadu plus Maharashtra have together accounted for 50.6% of the suicides reported in the country. The highest number of suicide pacts was reported from Rajasthan, 74, followed by Andhra Pradesh (18), Kerala (12), and Gujarat (3), out of 109 such cases reported.

Thirty-seven per cent of the victims took the extreme step by hanging themselves, 29.1 per cent by consuming poison and 8.4 per cent by self-immolation. Last year, 50,062 persons hanged themselves in the country and the majority were men at 34,631. The highest number of such cases was reported from Maharashtra, 7,055 followed by Kerala with 5,629 cases and Tamil Nadu 3rd with 5393 cases.

Nineteen thousand four hundred and forty five persons committed suicide by consuming poison and 12,286 of them were men. Tamil Nadu topped the list with 3,459 cases, followed by Karnataka with 3,173 cases. The number of self-immolation cases was 11,438, the majority being women — 7,326. In this category too, Tamil Nadu topped with 2,349 cases and 1,481 of them were women. Maharashtra followed with 1,674 such cases.

From among the cities, the highest number of self immolation cases was reported from Kanpur (285), followed by Chennai (282). By jumping in front of speeding vehicles, especially trains, 4,259 persons committed suicide and the majority of them were men (3,554). Andhra Pradesh topped this list with 1,101 cases.

As per NCRB statistics, 1,35,585 persons committed suicide in the country in 2011. NCRB statistics from 2002 shows that the annual suicide cases in the country always stood above the 1 lakh mark and the highest number of cases was in 2011. In 2002, it was 1,10,417 cases.

http://www.thehindu.com/news/national/india-saw-135445-suicides-last-year/article4849710.ece

Shinde daughter moves SC for change in divorce rules

Shinde daughter moves SC for change in divorce rules

Union Power Minister Sushil Kumar Shinde's daughter has set into motion a debate over the right of a woman to walk out of a traumatic marriage against her husband's will.

In a writ petition before the Supreme Court, Smriti Shinde has challenged the constitutional validity of a provision in the Hindu Marriage Act which, according to her, permits a man to " defeat the right" of his wife to seek divorce by withholding his consent.

A bench presided over by Chief Justice K. G. Balakrishnan on Wednesday issued notice to the Centre on Smriti's petition in which she contended that the provision was violating the rights of women under Articles 14 and 21 of the Constitution.

Pointing out that gender justice could not be achieved by treating unequals as equals, she submitted that the government was bound to make special provisions for women. A woman should not be compelled to obtain her husband's consent to maintain a petition for divorce initially filed with mutual consent, she argued.

Smriti, whose attempt to seek divorce by mutual consent was frustrated with her husband changing his mind, contended that law should not compel a woman to remain bound to a marriage even if she was emotionally and mentally unable to cope up with it.

She said a woman in the Indian sociocultural milieu would go for divorce only when continuance in marriage would be more traumatic than the consequences of being a divorcee. She has also attempted to revive the demand for having ' irretrievable breakdown of marriage' as a ground for dissolving marriages.

The Supreme Court, while deciding a divorce case in 2006, had also asked the government to seriously consider an amendment to the Hindu Marriage Act to include irretrievable breakdown of marriage as a ground for grant of divorce.

The government, however, had probably decided against any change in the existing provision for divorce.

Smriti got married in 1993 and has two children. She has been living separately from her husband since January 2005. The couple filed a petition for divorce by mutual consent in May 2007 and the family court granted a divorce in 2007. But the husband never turned up before the court.

The Bombay High Court set aside the decree of divorce holding that nonappearance of the husband showed that his consent did not continue. The Supreme Court was also of the same view and dismissed an appeal by her.

http://indiatoday.intoday.in/story/Shinde+daughter+moves+SC+for+change+in+divorce+rules/1/75323.html

MOTHER KILLED HER 2 KIDS, ATTEMPTED SUICIDE: POLICE

MOTHER KILLED HER 2 KIDS, ATTEMPTED SUICIDE: POLICE

Why should Law gives custody of kids to Mother?

Srinagar, July 27: The police Saturday made a shocking revelation that two children who were found throat slit in their Bemina apartment earlier this week were killed by their mother.
“Investigation points fingers towards the mother of the children who were found murdered in Bemina. She is the prime suspect and according to prima-facie evidences, she is behind this gruesome crime. But we are waiting for the FSL reports,” Senior Superintendent of Police (SSP), Ashiq Hussain Bukhari told reporters at a press conference.
“But there are some technicalities like we still have to match her fingerprints with the weapon found at the spot with which she slit throats of her children and later also cut her throat,” he added.
Pertinently, the two children of a Molvi were found brutally murdered while his wife was critically wounded Wednesday morning. Aaliya Iftikhar (5) and Muhammad Hashim (3) and their mother Naseema (40) wife of Molvi Muhammad Iftikhar Lone were found lying in pool of blood in their apartment next to Masjid Noor Iqbalabad Bemina soon after morning prayers.
The SSP ruled out involvement of any outsider in the killings saying: “There’s no involvement of outsiders in the murder as clues point towards her alone.”
He also spoke about some Tantrik, whom she would visit. “She is a resident of Gurez and was under influence of a Tantrik. She had recently met the Tantrik at Gurez and after the meeting she used to say that she was fed up with her life and was supposed to meet some Faqir on Wednesday,” he said.
When asked about the mental condition of the accused, Bukhari said: “So far the medical test of the woman has not been conducted and it will be premature to say anything about it. But at hospital when she regained conscious she tried to kill herself again.”
To mention, the gory incident occurred when the Imam Iftikhar Ahmad was out for Fajr prayers. On reaching home, he found his family in a pool of blood.
Iftikhar, hails from Gurez in north Kashmir and had shifted to Iqbalabad’s Noor Masjid around three months ago. Earlier, he used to lead prayers at a Masjid in Nowgam area of the City.

http://www.greaterkashmir.com/news/2013/Jul/28/mother-killed-her-2-kids-attempted-suicide-police-15.asp

Navy 'whistleblower' wife 'framed', held

Navy 'whistleblower' wife 'framed', held

NEW DELHIi: Days after a 25-year-old woman alleged wife-swapping and harassment at the naval base in Kochi — headquarters of Southern Naval Command — Delhi Police, in a sudden move, have arrested the complainant, claiming she was involved in a case of forgery "while applying for a credit card from State Bank of India (SBI)".

The Kochi Harbour police had registered cases against some senior naval officers on basis of the compliant that her husband used to force her to go to bed with seniors and that wife-swapping among the officers was rampant at the base.

DCP (South) BS Jaiswal told TOI they acted on Saturday after receiving a complaint from SBI's Delhi IIT branch that the woman — who had recently taken admission in a language course at Jawaharlal Nehru University — had submitted forged documents to the bank to acquire a credit card.

"She had used the documents of her husband to acquire it. We have registered a case under IPC sections 420 (cheating), 468 (forgery) and 511 (attempting to commit offences punishable with imprisonment) and arrested her,'' he said. He added that since the woman used Navy emblems, a separate section under the Emblem and Name (Prevention of Improper Use) Act, 1950, has been added to the case.

The complaint stated that the woman was caught on camera while applying for the card. "The Navy too has sent a report stating that indeed forged items were used. Hence, we registered a case based on strong evidence,'' said an investigating officer.

According to Kamini Jaiswal, the victim's lawyer, this is a clear incident of "victimization". Kamini said, "She was picked up from her rented residence at Jia Sarai and not even allowed to wear her slippers. She has been slapped all this while. Now, she has been arrested for a fault she never committed. This action has been taken because I had just prepared a petition for transferring the investigations from Kerala to Delhi.''

She said her client had been informing her about repeated threats received by her and warnings of dire consequences if she did not withdraw her complaint in which she has named senior naval officers.

The JNU unit of Students' Federation of India was camping outside the Vasant Vihar police station till late Saturday night to protest against the arrest.

The Kochi Harbour police has booked one commodore, four lieutenants, including the husband, three of his relatives, a captain and his wife under sections of law relating to domestic violence, attempted sexual abuse, coercion for sexual abuse, torture and unlawful custody. But the Navy has described her charges against the senior officers as "unfair" and a "personal matter that was being publicized''.

The woman, who had gone to Kochi from New Delhi a year ago following her husband's transfer there, had said the evening parties being held at the naval base regularly were venues for immoral interactions among the participants and that her husband used to force her to sleep with senior officers after such parties.

The husband, first accused according to the FIR, told the Harbour police that his wife was mentally disturbed but he could not produce any evidence to back his claim. The Navy claimed the woman was "dragging her 'estranged' husband's colleagues - who had tried to resolve the issues dogging the couple's personal life - into the vortex of their unhappy relationship." http://timesofindia.indiatimes.com/city/delhi/Navy-whistleblower-wife-framed-held/articleshow/21413562.cms

Wife's unsubstantiated allegation of infidelity against hubby

Wife's unsubstantiated allegation of infidelity against hubby

Unsubstantiated allegations made by wife in a court of law during divorce proceedings about her husband's extramarital relations amounts to cruelty, the Bombay High Court has ruled, while allowing dissolution of marriage on these grounds.

The ruling was delivered recently by a bench which quashed a Pune family court order of July 11 dismissing a divorce petition filed by a man on the grounds of cruelty.

Hearing an appeal of husband against the impugned order, justices G S Patel and O S Oka allowed dissolution of marriage between Mahesh and Mohini Paigude.

The husband had filed a petition in the family court seeking a decree of divorce on the grounds of cruelty. One of the grounds pressed by him was an unsubstantiated allegation made by his wife that he was having extramarital relationship.

The High Court held that making such unsubstantiated allegations amounts to causing mental cruelty to the husband.

"Therefore, we have no manner of doubt that unsubstantiated allegations made by the respondent wife in paragraph 6 of the written statement amounts to assault on character and reputation of the Appellant and the same constitutes a mental cruelty which entitles the Appellant to claim a decree of divorce," the judges noted.

The High Court observed that the finding of this aspect has been recorded in paragraph 16 of the impugned judgment. "In fact, in paragraph 16, the learned family court Judge has accepted that there are baseless allegations in the written statement. However, the learned Judge has observed that the Appellant has no grievance about it."

"Perhaps the said finding is based on incorrect reading of the statement made by husband in cross-examination that he was demanding divorce mainly on two grounds (refusal of the Respondent to maintain sexual relationship with him and that she used to threaten that she would commit suicide if he had sexual relations with her)."

"The observation of the judge that the allegation in the statement is not torturous and, therefore, does not amount to cruelty, is completely erroneous," the bench noted.

"As we have already held, not only had the wife failed to substantiate allegation but in cross-examination, she has made it clear that she was entertaining a doubt about the character of appellant," the judges said.

http://www.business-standard.com/article/pti-stories/wife-s-unsubstantiated-allegation-of-infidelity-against-hubby-113072700241_1.html