Filed a false complaint against her Husband

Filed a false complaint against her husband for defaming her – Mental cruelty

Justice RD Dhanuka of the High Court of Bombay said that the wife had filed a false complaint against the husband and her family for mental cruelty against the husband and for defaming him. The court declared divorce and marriage as per section 13 (1) (i), Hindu Marriage Act of 1955.

The appellant, Anil Yashwant Karande and the defendant, Mangal Anil Karande got married in 2002. The defendant husband was accused by the defendant wife of agreeing to leave her marital home with her husband. An FIR was registered against the appellant-husband, her parents and brother under Section 498A, Section 323, Section 504 and Section 506 of the IPC by the respondent wife and they were arrested by the police after the FIR.

The learned fourth Joint Judicial Magistrate of the first class acquitted the appellant and his family from offenses under Section 498A, Section 323, Section 504 and Section 506 of the IPC.

The defendant filed a petition for the restoration of constitutional rights and the appellant subsequently filed a petition for marriage and divorce sentence before the Court of Hindu Civil Marriage, Senior Division, Sangli, allowing the petition by the defendant, while the appellant Rejected by. .

The two regular appeals which were filed by the appellant before the District Judge, Sangli, were dismissed.

FALSE Complaints

On appeal, the High Court of Bombay observed:

V. Bhagat vs. D. In the case of Bhagat, (supra), the Supreme Court has held that under Section 13 (1) (IIA) a mental cruelty can be defined as conduct that violates such mental pain on the other party. Does. As a victim it will not be possible for that party to live with the other. It is believed that mental cruelty should be such that the parties cannot be expected to be together. It is also believed that the situation should be such that the unjust party cannot reasonably be asked to conduct such conduct and continue to live with the other party.