MyNation KnowledgeBase

Landmark Judgments and Articles on Law

Register to Download

False 498a, Cruelty, Ground for Divorce

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.

FAMILY COURT APPEAL No. 42/2017

Sudhir Kamlakar Kharbade,aged about 44 years, function – Teacher,
r/o Suraj Colony, Tower Line,Behind V.M.V. College, Amravati,Tq. Dist. Amravati APPELLANT

…..VERSUS…..

Sau. Sangita w/o Sudhir Kharbade,aged about 40 years, function – Business,
r/o c/o Shrikrishna Ramraoji Umak,Bhatkuli, Tq. Bhatkuli Dist. – Amravati. RESPONDENT

Mrs. B.P. Maldhure, warn for a appellant.
Shri A.Z. Jibhkate, warn for a respondent.

CORAM :SMT.VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.
DATE : 20 TH APRIL, 2018.
ORAL JUDGMENT (PER : SMT. VASANTI A NAIK, J.) The family justice interest is ADMITTED and listened finally with a agree of a schooled warn for a parties.

2. By this family justice appeal, a appellant-husband has challenged a visualisation of a Family Court, Amravati antiquated 23.05.2017 dismissing a petition filed by a appellant underneath Section 13(1)(ia) and (ib) of a Hindu Marriage Act on a belligerent of cruelty and desertion.

3. Few contribution giving arise to a family justice interest are staid thus:-
The appellant-husband (hereinafter referred to as ‘the husband’ for a consequence of convenience) and a respondent-wife (hereinafter referred to as ‘the wife’) were married during Amravati as per Hindu rites and tradition on 09.05.1999. After a solemnization of a marriage, a mom started staying during Karla, District Amravati in a corner family. In a petition filed by a father for a direct of divorce on a belligerent of cruelty and desertion, it is pleaded that a mom was never meddlesome in staying in a corner family and she always demanded for a apart chateau during Chandur Railway. It is pleaded in a petition that after a solemnization of a marriage, a mom was avoiding a father and was not prepared to have passionate family with him. It is serve pleaded in a petition that a father hoped that on a birth of a child, a mom would mend her ways yet notwithstanding a birth of a daughter, a opinion and a austere poise of a mom persisted. It is pleaded that during her stay in a matrimonial house, a mom had attempted to dedicate self-murder and on one occasion, she had pounded her father with a knife. It is pleaded that due to a direct by a mom for a apart residence, a mom behaved in a really uncontrolled manner. It is pleaded that a mom did not have honour for her father-in-law and mother-in-law and she behaved really angrily and arrogantly with them. It is pleaded that when a consanguine grand mom of a mom lapsed in Feb 2009, a mom had been to her parental chateau for utterly some time and a mom did not lapse to a matrimonial home yet a father went to her parental home to move her behind in a final week of February-2009. It is pleaded that a mom forlorn a association of a father yet any usually and reasonable excuse. It is pleaded that a father had filed a petition for divorce on 26.08.2009 yet a same was cold with autocracy to record a uninformed petition as a parties have not distant for a duration of dual years before a filing of pronounced petition. It is staid that a mom had lodged a fake news opposite a father for a corruption punishable underneath Section 498-A of a Indian Penal Code. It is staid that good anguish was caused to a appellant due to a fake censure filed by a mom in a military station. It is submitted that a mom wanted to serve harass a father and hence she had also filed record opposite him underneath a supplies of a Protection of Women from Domestic Violence Act. It is pleaded that a acts on a partial of a mom caused good mental anguish to a father and hence it was compulsory to disintegrate a matrimony solemnized between a father and a mom by a direct of divorce on a belligerent of abandonment and cruelty.

4. The mom filed a created matter and denied a explain of a husband. The mom denied any and each explain leveled by a father opposite her and attempted to uncover that she was a responsible wife. In her specific pleadings a mom pleaded that a father always ill-treated her and she attempted to co-habit with him usually with a wish that he would change his behaviour. It is pleaded by a mom that when she was staying in a matrimonial home, a father had demanded an volume of Rupees One lakh from a relatives of a wife. It is pleaded that a relatives of a mom had paid a volume of Rs. One lakh to a husband. It is pleaded that on 25.11.2009, a father had mercilessly beaten a mom and had attempted to set her on fire. It is pleaded that due to a pronounced act on a partial of a husband, mom had no march open yet to leave a matrimonial home and reside with her parents. It is pleaded that on 25.11.2009 a father attempted to obtain a signature of a mom on a vacant paper and when she refused to sign, a father had beaten her mercilessly with kicks and blows. The mom sought for a exclusion of a petition filed by a husband.

See also  Principles Governing Dying Declaration

5. In support of his case, a appellant – father had examined himself and a mom had also examined herself in defence. The parties did not inspect any other declare in honour of their sold cases. On an appreciation of a justification on record, a Family Court discharged a petition filed by a husband. The visualisation of a Family Court is challenged by a father in this Family Court Appeal.

6. Mrs. Maldhure, schooled warn appearing for a appellant – father submitted that a Family Court has not appreciated a pleadings and justification of a parties in a right viewpoint while dismissing a petition filed by a husband. It is staid that a mom has not usually treated a father with cruelty yet she had also filed a fake news underneath Section 498-A of a Indian Penal Code, as a outcome of that a father had to humour a good mental anguish and his repute was also spoiled. It is staid that a father is clear in a record in a rapist box underneath Section 498-A of a I.P.C. It is submitted that a mom has leveled forward allegations opposite a father in her created matter and has unsuccessful to infer a same by tendering evidence. It is staid that a mom has pleaded in a specific pleadings that a father had beaten her mercilessly on 25.11.2009 and had attempted to set her on glow and therefore, she had to leave a matrimonial home yet there is no justification on pronounced aspect. It is staid that a pleadings that are not upheld by justification are probable to be ignored. It is staid that a mom has also not valid that a father had asked her to pointer on vacant paper and when she has refused to pointer a papers she was mercilessly beaten by kicks and fists. It is submitted that a Family Court has erroneously hold that a father has unsuccessful to infer his box about a wife’s threats to dedicate self-murder and also about a try to conflict a father with blade as he had not lodged a news in honour of a same FCA 42/17 6 Judgment in a military station. It is staid that routinely a associate would not record a news opposite a other associate in a military hire with a wish that a other associate would mend his/ her ways and parties might be means to live peacefully in future. It is submitted that in several tools of a judgment, a Family Court has celebrated that yet in a petition filed by a father opposite a wife, her undiscerning poise regarding to her threats to dedicate self-murder and her try to conflict is pleaded, no military censure is filed by a husband. It is submitted that notwithstanding a use of notice on a mom to lapse to a matrimonial home, she had refused to join a association of a husband. It is submitted that a Family Court has erroneously available a anticipating that a mom was compelled to leave a matrimonial home since of a harm of a husband. It is submitted that a father had not usually served a authorised notice on a mom seeking her lapse yet had also changed an focus to a Mahila Sampudeshan Kendra, Amravati, with a wish that a mom would reside with him yet yet any success. It is staid that in a contribution and resources of a case, when a mom has leveled critical allegations opposite a father and has unsuccessful to prove, a father would be entitled to a direct of divorce on a belligerent of cruelty.

7. Shri Jibhkate, a schooled warn for a respondent – mom has upheld a visualisation of a Family Court. It is submitted that while acquitting a father of a corruption punishable underneath Section 498-A of a Indian Penal Code, advantage of doubt was extended to him. It is submitted that a orders enlightened to a mom were upheld in a record underneath a supplies of a Protection of Women from Domestic Violence Act. It is submitted that there is no explanation of a fact pleaded by a father that a mom was not prepared to unqualified a matrimony and that she had threatened to dedicate self-murder and harm a father with a knife. It is staid that a box of a father that a mom always preferred that they should reside alone from a corner family is not valid by him and a same is also falsified by a construction of a chateau by a father during Amravati. The schooled warn for a respondent has relied on a visualisation of a Hon’ble Supreme Court in a box of Ravi Kumar vs. Julmidevi, reported during (2010) 4 SCC 476, to justify his submission. It is submitted that it would be compulsory for a celebration to discuss all sold acts of cruelty in a petition. The visualisation of this Court in a box of Arundhati Deepak Patil vs. Deepak Bhaurao Patil, reported during 2008 (6) Mh. L.J. 554, is relied on to justify a acquiescence that a weight to infer would distortion on a husband, if he seeks divorce on a belligerent of cruelty. Thirdly, a schooled warn has relied on a visualisation of a Hon’ble Supreme Court in a box of Rajkumar T. s/o Bhaskaran vs. Moljimol K.S. d/o K.P. Sasidharan, reported during 2017 (5) All MR (Journal) 57, to justify his acquiescence that pleadings in courtesy to cruelty need to be specific.

See also  Withdrawal of a suit can be allowed under Order XXIII Rule 3 of CPC if the defect is formal in nature and such that has no effect on merits of the case

8. On conference a schooled warn for a parties and on a examination of a record and record and a pleadings and justification of a parties, it appears that a following points arise for care in this appeal:-
I) Whether a father is entitled to a direct of divorce on a belligerent of cruelty and desertion?
II) What order?

9. It appears from a justification on record that a Family Court was not fit in dismissing a petition filed by a father by recording in a visualisation that a mom might not have threatened him that she would dedicate self-murder or might not have attempted to harm him with a blade as he had not lodged a news in that courtesy in a military station. Initially, a father contingency have waited with a wish that a mom would mend her ways. As we have already narrated a pleadings of a parties in detail, it would not be compulsory to echo a pleadings of a parties. Though a schooled warn for a mom has staid that a father has not tendered a justification about a pleadings in honour of a mom melancholy him that she would dedicate self-murder and that she had attempted to conflict him with knife, we find that a father has clearly tendered justification in this regard. The Family Court has disbelieved a box of a father in courtesy to a threats given by a mom to dedicate self-murder and a attempted conflict on a father with blade usually since he had not lodged a news in courtesy to a same in a military station. Normally, a parties do not proceed a military hire in honour of a disputes in a matrimonial home unless it becomes probably unfit for them to endure a contravention of a other, that would be intensely damaging to his/ her life or prong or reputation. In a present case, a father has clearly pleaded and has also staid in his justification that a mom used to bluster him that she would dedicate self-murder and she had done an try to dedicate a same. The father has also clearly staid that a mom had also attempted to conflict him with a knife. The courtesy of a Family Court and a acquiescence done on interest of a mom that a father has unsuccessful to proposal justification on this aspect is incorrect. The father has clearly staid in his justification about a threats given by a mom to him and also about a try done by a mom to conflict him with a knife. It appears from a justification of a father that a mom was always working angrily with his relatives and she preferred that a father should leave his relatives and reside with her in a apart residence. Though a mom has denied a pronounced fact, it appears on an altogether reading of a justification of a father and a mom that a justification of a father is some-more reliable. It appears from a justification of a father that a mom was not peaceful to reside in a corner family and wanted to have apart chateau for staying alone with her father only. It appears from a justification of a father that a mom behaved angrily with his parents. Only since a father had not examined his relatives in this regard, it can't be pronounced that his justification is not trustworthy. This Court has time and again hold that a apportion of justification would not be applicable while determining a matter yet a peculiarity of justification would be relevant.

See also  Whether nomination made by an employee can be treated as his will and curtail the right of legal heirs to claim a share in his service benefits?

10. In this case, it appears that a mom had lodged a censure underneath Section 498-A of a Penal Code. It is clearly celebrated in a visualisation in a pronounced box that there is no justification in honour of a explain of a mom that a father had demanded income from her parents. It is nobody’s box that a mom belonged to a abounding or successful family, who would be means to yield supports to a husband. We have hold time and again that camp a fake military censure opposite a father in honour of a critical corruption punishable underneath Section 498-A of a Penal Code would tantamount to cruelty. In a present case, we find that yet a mom had done a critical explain opposite a father that he had demanded a sum of Rupees One Lakh from her relatives and that they had paid a same to a husband, she has not valid a pronounced fact. We also find that a mom has done critical allegations opposite a father that on 25.11.2009, he had mercilessly beaten her and afterward she was compulsory to leave a matrimonial home and reside with her relatives as he had attempted to set her on fire. These allegations are really serious. When a mom creates an explain of such a nature, it is slightest coming of a wife, to proposal verbal justification on this aspect. It is celebrated by a Hon’ble Supreme Court and this Court in a series of decisions that levelling of critical and forward allegations opposite a associate and unwell to infer a same would tantamount to cruelty. In a present case, yet a mom had done allegations opposite a father in courtesy to his control and behaviour, a mom has not spoken a word in courtesy to pronounced allegations in her verbal evidence. The Family Court, however, did not give any suspicion to this aspect of a matter, yet it was one of a applicable matters that ought to have been deliberate by a Family Court while determining a petition filed by a father on a belligerent of cruelty. It is good staid that a father could infer a cruelty by a mom on a basement of allegations done by her opposite him and he could also infer a same by indicating out that a mom has unsuccessful to infer a critical and forward allegations done opposite him by tendering evidence.

11. In a present case, we find that a mom has ill-treated her husband, her in-laws and has lodged a fake censure opposite him underneath Section 498A of a I.P.C. The mom has also done forward allegations opposite a father and she has unsuccessful to infer a same by tendering justification in that regard. Though a father had released a notice to a mom seeking her to lapse to a matrimonial home and had also left to Disha Mahila Sampudeshan Kendra, Amravati, to secure a association of a wife, a mom has not assimilated a association of a father for scarcely 10 years. The Family Court ought to have deliberate this aspect of a matter while determining a petition filed by a husband. The Family Court has, however, erroneously available a anticipating that a mom was compelled to leave a matrimonial home.

12. In a contribution and resources of a case, a visualisation of a Family Court is probable to be set aside. While holding so, we are not prone to rest on a reported judgments relied on by a schooled warn for a wife. The visualisation in a box of Ravi Kumar vs. Julmidevi, (supra) will not request to a box in hand. There is no doubt about a tender of law laid down in a visualisation in a box of Arundhati Deepak Patil vs. Deepak Bhaurao Patil, (supra) that it would be for a celebration coming a Court to infer his case. The weight would no doubt distortion on a father to infer his box of cruelty and abandonment by a wife. The visualisation in a box of Rajkumar T. s/o Bhaskaran vs. Moljimol K.S. d/o K.P. Sasidharan, (supra) would also not request to a contribution of a case. The father has given specific instances of cruelty by a wife.

13. Hence, for a reasons aforesaid, a Family Court Appeal is allowed. The visualisation of a Family Court is hereby set aside. The matrimony solemnized between a appellant – father and a respondent – mom on 09.05.1999 is hereby dissolved by a direct of divorce underneath Section 13(1)(i-a) and (i-b) of a Hindu Marriage Act, 1955. In a circumstances, there would be no sequence as to costs.
JUDGE JUDGE

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link
MyNation Times Magzine


All Law documents and Judgment copies
Laws and Bare Acts of India
Important SC/HC Judgements on 498A IPC
Rules and Regulations of India.

STUDY REPORTS

CopyRight @ MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, though No Lawyer will give we Advice like We do

Please review Group Rules – CLICK HERE, If You determine afterwards Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We hoop Women Centric inequitable laws like False Section 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

See also  What is duty of First appellate court while deciding First appeal?
MyNation FoundationMyNation FoundationMyNation Foundation