musing on the state of society and fate of men. NO warranties
Saturday, December 26, 2015
Divorce WITHOUT alimony aftr wife’s 498a where all accused acquitted! Bom HC. Trial court NEED NOT call it false !
In this Landmark case Bombay HC grants divorce to a harassed husband who was falsely accused in a 498a case. Appreciating the cruelty suffered by the husband and his relatives, and analysing the conduct of the wife, Bombay HC grants divorce WITHOUT any alimony !!
The lower court denies divorce stating that the 498a ended in acquittal because the prosecution did not prove the case, and that the trial court did NOT say the case was false, the Hon HC says it is NOT necessary for trial court to call the 498A false. Cruelty is to be decided based on conduct of parties and allegations made !!
A wife files a false 498A cocktail on her husband. Husband and other accused are made to run to the trial court more than 50 times. Elders at home with various ailments and his unmarried sister are charged. The complainant / wife fails to appear many times at the Criminal court, thereby lengthening the trial. Trial court finally decrees that the accusations in the 498a case as NOT proven by the prosecution and so the husband and co are acquitted.
Following this acquittal the husband applies for divorce on grounds of cruelty. The Family court refuses to grant divorce. Matter goes up to HC where HC appreciates the facts and grants divorce
The Husband submits and the HC observes that the accused were dragged 56 times to the Trial court, and on many instances because the wife was just absent ! The wife alleges that she started suffering arthritis becasue of ill treatment and her father died out of shock. But these allegations are NOT substantiated. The father dies some YEARS after the incidents !!