False 498a Dismissed

Andhra High Court

Equivalent citations: 2002 (6) ALD 319, 2002 (4) ALT 592, I (2003) DMC 37

Bench: B Swamy, G Yethirajulu

Saritha vs R. Ramachandra on 9/7/2002

ORDER

B.S.A. Swamy, J.

1. The appellant is the petitioner in OP No.58 of 1998 on the file of the Family Court, Secunderabad. She filed the said OP seeking divorce from the respondent who is her husband, on various grounds. After full trial, the Family Court found that she could not prove any one of the allegations levelled against the respondent, and, therefore, dismissed the said O.P. Aggrieved by the said order, this CMA was filed by the wife.

2. Having seen the age of the parties, we summoned both of them to find out
the real cause for their differences. The appellant could not say anything
except that here mother-in-law did not treat her properly during her say at New
Delhi. On the other hand, the father of the respondent who accompanied the
respondent categorically stated that they belonged to a traditional family where
divorce was unknown and that if the marriage can be saved they are prepared to
send the respondent to Hyderabad, the place of the appellant, to live with her.
Even then the appellant and her father who seems to be an engineer were adamant
and they are not agreeable to any of the reasonable suggestions made by the
Court as well as her husband except divorce.

3. Without losing our hope we directed both parties to live in a hotel for
one week and try to settle their differences amicably, if possible. Though the
respondent instantly agreed to stay at Hyderabad by cancelling the ticket
already reserved for New Delhi, the appellant agreed to go alone with him to the
hotel reluctantly. After expiry of the time both parties appeared before this
Court. The respondent informed the Court that the appellant was spending time
jovially during day time but was going to her house in the night-time. The
appellant having admitted this fact bluntly informed the Court, that she was not
interested in having any marital relationship with the respondent. In fact in
the Court itself, she was very jovial with the respondent and talking to him
very nicely. Practically we do not find any reasons for the animosity she
developed against the respondent. Once again, to save the marriage we directed
both parties to live together in any holiday resort outside Hyderabad for one
more week and report back. Again when they attended before this Court, both the
parties admitted that they enjoyed the life to the fullest satisfaction and
absolutely she did not face any problem during the inter course. In fact she had
also taken him to her parents house. This indicates that there is no problem to
them to lead marital life but the appellant wants divorce and nothing but
divorce. Even after leading conjugal life with the respondent when the appellant
said like this, we were sure that there is something in her mind, which she did
not disclose to us. Hence we directed the appellant to appear before a
psychiatrist. In fact, we talked to him and fixed the appointment for them but
she did not choose to appear before him. We tried to find out from the
respondent whether he was agreeable to give divorce by mutual consent. He told
us in so many words that he was not prepared to give divorce and he would wait
till her retrieval. It shows the anxiety the respondent has to save the marriage
and the affection he had towards the appellant in spite of the ill-treatment
shown by the appellant. In fact himself and his father were agreeable for any
proposal made by this Court or the appellant to save the marriage. But, the
appellant and her parents did not agree for any proposal except divorce.

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4. Hence we have no option except to dismiss this appeal as there are
absolutely no grounds for granting divorce and leave the parties to work out
their remedies.

5. During hearing, we came to know that the appellant filed a criminal case
against the respondent and his entire family under Section 498-A IPC. From the
conduct of the appellant we have no hesitation to hold that the appellant being
at fault wants to misuse the process of law and harass the respondent and his
family members for the sin of marrying her. We never expected that women would
be of such a character in this country. Even though the respondent expressed so
much magnanimity towards her, without ill-will or rancor and extended his arm to
lead a happy marital life, the appellant just threw away the offer with her
little finger. The criminal Court shall take up the case for trial on day-to-day
basis and dispose of the same within on month from the date of receipt of this
order. In the event of dismissal of the criminal case as a foisted one and the
allegations are far from truth, it is always open to the respondent to take
appropriate criminal action on the appellant as well as her parents for
implicating them in a false case and making them to come all the way from New
Delhi to Hyderabad to attend the Courts.

6. This Court would like to go on record that for nothing the educated women
are approaching the Courts for divorce and resorting to proceedings against
their in-laws under Section 498-A IPC implicating not only the husbands but also
their family members whether they are in India or abroad. This is nothing but
abuse of beneficial provisions intended to save the women from unscrupulous
husbands. But it has taken a reverse trend now. In some cases this type of
action is coming as a formidable hurdle in reconciliation efforts made by either
well meaning people or the Courts and the sanctity attached to the mandate that
the Courts shall always try to save the marriage through conciliatory efforts
till the last, are being buried deep-neck.

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7. It is for the Law Commission and the Parliament either to continue that
provision (Section 498 IPC) in the same form or to make the offence a non
cognizable one and a bailable one so that the ill-educated women of this country
and their parents do not misuse the provision, to harass innocent people for the
sin of contacting marriage with egoistic women. We have no hesitation to hold
that if this situation is continued any longer the institution of marriage and
the principle one man for women will vanish into their air.

8. The CMA is accordingly dismissed. There shall be no order as to costs.

One thought on “False 498a Dismissed

  1. the story is marrageSOLMINISESD by nepali girl her name is Ntu CHOURASIA marriage in birganj nepal girls family livein kathmandu
    I (Navneet kumar student of BDS) I said nitu you live in patna in my house but nitu not live toghter
    after 4yearmariage I said you live toghter or you give me Divorce after SHE left to patna well pre pland 8/7/2009 she arrest me and my younger brother and all my family mamber name in her fir so i and my brother bail by High court
    after 4manth i baild and my family mamber are anticiparty bail by district court high court give the order to me you hove give 500rs court i not go to divorce

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