Fake complaint by wife cruelty,HC Grants Divorce To Aggrieved Man

TOI, New Delhi, 15th June, Page 06.

New Delhi: Taking into account the growing incidents of women registering fake complaints to get even with their husbands, the Delhi High Court has recently held that registration of criminal cases to falsely implicate a man and his family members amounts to an act of cruelty by the wife.
   HC made the observations while dismissing an appeal filed by Darshna Devi against the trial court order granting decree of divorce to her husband, Anil Kumar Saini, on the ground of cruelty as she had filed two criminal cases including dowry harassment against her husband and in-laws.
   ‘‘Saini and his family members were arrested twice, kept in lock up and made to undergo jail terms for offences for which they were ultimately acquitted, cannot, but be termed as cruelty,’’ Justice S Murlidhar said. In February 1998, the trial court had granted divorce to Saini acceding to his plea that he had been treated with cruelty. Saini, who married Darshna in 1985, had alleged that in October 1987, his wife had lodged a criminal case in which he and his family members were handcuffed and made to walk barefoot to the police station in public view.
   He also alleged that in 1989, his wife registered a dowry harassment case due to which he was beaten up at the police station and jailed. But later he and his family members were acquitted by the trial court in both the cases due to lack of evidence, he informed HC and insisted that such acts by wives tantamounted to cruelty.
   Agreeing with his submissions, HC said: ‘‘Although the acquittal in criminal cases by itself can’t establish cruelty, but in the light of circumstances it does assume significance.’’