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IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
BENCH AT AURANGABAD.
FIRST APPEAL NO.2762 OF 2016
Vivek s/o Kailash Shukla
Age : 37 years, Occupation : Service,
Residing presently at 17 – B, Sangam Nagar,
Indore – Madhya Pradesh. .. Appellant
VERSUS
Mrs. Minal w/o Vivek Shukla
Age : 40 years, Occupation : Service,
Residing at c/o Babubhai Devchand Patel,
243, Baliram Peth, Taluka Dist. Jalgaon .. Respondent
…
Advocate for Appellant : Shri. Hemant Surve
Advocate for Respondent : Shri. Kishor C. Sant
…
CORAM : P.R. BORA, J.
RESERVED ON : 05.07.2017
PRONOUNCED ON : 11.09.2017
JUDGMENT :
01. Aggrieved by the Judgment and decree passed in Special
Marriage Petition No.06 of 2009 by the Court of District Judge-1,
Jalgaon on 22.04.2016, the respondent therein has filed the present
appeal.
02. The present respondent had filed the aforesaid petition
under section 22 of the Special Marriage Act seeking restitution of
conjugal rights. In the said petition, the present appellant filed a
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counter claim thereby praying for grant of divorce against the
petitioner. The learned District Judge has granted the decree of
restitution of conjugal rights in favour of the respondent and has
dismissed the counter claim filed by the present appellant, seeking a
decree of divorce. Aggrieved by, the present appeal is filed.
03. Heard the learned Counsel appearing for the parties.
Perused the impugned Judgment and the evidence adduced before
Court below.
04. It is not in dispute that, the appellant and the respondent
got married on 12th September, 2008 and their marriage was
registered under the provisions of Special Marriage Act, 1954. It is
also not in dispute that, it was the love marriage.
05. It was the case of the respondent before the Trial Court
that, though her marriage with the present appellant was a love
marriage and was registered under the provisions of the Special
Marriage Act, 1954, the appellant and the other relatives of the
appellant insisted for performing the customary marriage according
to the hindu rituals and though her parents had agreed for the same,
and have made all arrangements for the said function, the appellant
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and his parents in the meanwhile raised the demand of Rs.2,50,000/-
in cash, 200 grams of gold ornaments and 2 Kg silver utensils and
since she and her parents expressed their inability to comply with the
said demand, the appellant and his parents unilaterally cancelled the
said function and informed her that, her marriage performed with the
appellant stood cancelled. It was further alleged by the respondent
that, for non – fulfillment of the aforesaid demand of dowry, the
appellant caused physical and mental torture to her and though she
made all honest efforts to resume his company, the appellant refused
to cohabit with her and thus deprived her from the conjugal rights
without any sufficient cause.
06. The petition so preferred by the respondent was opposed
by the appellant. While denying the allegations made against him by
the respondent, the appellant raised counter claim seeking divorce on
the ground of cruelty from the respondent. It was the contention of
the appellant that, the respondent filed a false criminal complaint
against him, his parents and brother for the offences under sections
498-A, 420, 323, 504 506 r.w. 34 of I.P.C. It was the further
contention of the appellant that, in the aforesaid criminal case, he,
his parents and his brother were subjected to great harassment and
humiliation, they were arrested and required to obtain bail and
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were under trauma till the said criminal case ended in acquittal.
According to the appellant lodging false criminal case by the
respondent against him and his relatives caused them agony and
therefore constitute cruelty as defined under the law making the
appellant entitled for seeking divorce on the said ground. The
appellant on the aforesaid ground had prayed for dismissal of the
petition filed by the respondent seeking decree of restitution of
conjugal rights and has prayed for decree of divorce in his favour by
allowing his counter claim on the grounds raised by him in the
counter claim.
07. It was the specific plea raised by appellant, while
opposing the petition for restitution of conjugal rights and in support
of his counter claim for grant of divorce that, the respondent had
filed a false complaint alleging offences under Section 498-A, 420,
323, 504 506 read with 34 of I.P.C., in which, he and his family
members got acquittal. It was the contention of the appellant that
filing of a false criminal complaint by the respondent constitutes
matrimonial cruelty and would entitle the husband to claim the
divorce.
08. The learned District Judge has turned down the plea so
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raised by the appellant. The learned District Judge has observed that,
the trial Court which acquitted the appellant and his relatives from
the offences under Sections 498-A, 420, 323, 504 506 r.w. 34 of
I.P.C. has not recorded any such finding that, the allegations made by
the respondent in the said complaint were false, but has acquitted the
appellant, his parents and his brother on the ground that, the
prosecution has failed to prove the charges levelled against them
beyond reasonable doubts. The learned District Judge has also held
that, in the petition before her, the respondent had produced on
record sufficient evidence, which corroborates and sufficiently proves
the allegation made by her against the appellant and his relatives in
regard to demand of money.
09. The learned Judge in para no.18 of the impugned
Judgment has carved out the legal principles from the judgments,
which were relied upon by the parties. It is observed by the learned
District Judge that, “the concept of proof ‘beyond the shadow of
doubt’, is to be applied to criminal trials and not to civil matters and
certainly not to matters of such delicate personal relationship as those
of husband and wife”. It is further observed by the learned District
Judge that, “ultimately it is a matter of inference to be drawn by
taking into account the nature of the conduct and its effect on
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complaining spouse”. Referring to the principles as aforesaid, the
learned District Judge has held that, the allegations made against the
appellant and his relatives though have not been proved in the
criminal trial beyond the shadow of doubt, the evidence which has
been brought on record in the proceeding before her, the respondent
has sufficiently proved that, there was an illegal demand by the
appellant and his relatives and for non – fulfillment of the said
demand, the respondent was being treated cruelly and on that illegal
ground the husband has deprived the wife from enjoying the conjugal
rights.
10. Now, it has to be seen whether the observations made by
the learned District Judge and the conclusions accordingly recorded
by her can be sustained on the touch stone of law as well as facts. As
was deposed by the respondent, cash amount of Rs.2,50,000/-, 200
grams of gold and 2 Kg silver utensils were demanded by the
appellant and his parents from her parents by way of dowry at the
time of faldan vidhi, which, according to the contention of the
respondent was to be performed at Indore at the house of appellant.
Respondent has further deposed that, since she and her parents were
unable to satisfy the demand of dowry as aforesaid, the appellant
and his parents unilaterally declared the marriage to have been
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broken. The respondent has further testified that, thereafter though
she made all honest efforts to cohabit with the appellant, he refused
to cohabit with her and insisted for fulfillment of demands made by
him and his parents. The respondent has also deposed that, the
appellant abused her, beat her and gave her all physical and mental
torture on account of non – fulfillment of his dowry demand and
refused to cohabit with her. The respondent has also deposed that, in
the circumstances she was constrained to file the criminal complaint
against appellant, his parents and brother under sections 498-A, 420,
323, 504 506 r.w. 34 of I.P.C.
11. The material on record reveals that, in her
cross – examination the respondent filed one document on record
alleging the same to be written in the handwriting of the appellant
containing the demands therein allegedly made by the appellant and
his parents at the time of faldan vidhi. The said document is marked
as Exh.54. During the course of the argument, my attention was
invited to the said document by both the learned Counsel appearing
for the respective parties. According to learned Counsel for the
respondent, the said document clearly demonstrates the demand of
Rs.Two Lakhs, gold ornaments and silver utensils. The perusal of the
impugned Judgment shows that, the learned District Judge has relied
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upon the said document to arrive at a conclusion that, a demand was
made by the appellant and has accordingly recorded a finding that,
the respondent has reasonably proved that such demands were made
from the side of the appellant. The learned District Judge has further
drawn an inference on the basis of the said evidence that, the
appellant refused to cohabit with the respondent for non – fulfillment
of the aforesaid demand. The conclusion so recorded has ultimately
resulted in granting decree of restitution of conjugal rights in favour
of the wife.
12. After having carefully perused the entire evidence on
record, it is difficult to agree with the conclusions recorded by the
learned District Judge. It has to be stated that, the document at
Exh.54 which has been heavily relied upon by the learned District
Judge could not have been relied upon for many reasons. Admittedly,
the said document was not placed on record by the respondent either
at the time of filing petition before the District Court or before
adducing her evidence before the said court. There is no explanation
from the respondent as to why such an important document was not
produced by her at the time of filing of the petition or before
adducing her oral evidence before the Court.
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13. I have carefully perused the cross – examination of the
respondent. She has given a categorical answer that, she was not
having any documentary evidence to show that, the appellants had
demanded from her Rs.2.5 Lakhs, 2 Kg of silver utensils and 200
grams of gold. Immediately thereafter, a suggestion was put to her
that, she was not having any documentary evidence to show that, the
father of the appellant cancelled the date of the customary marriage
and the faldan vidhi scheduled to be held on 08.02.2009.
Respondent, though denied the said suggestion, further volunteered
that, she possesses such evidence and she was ready to produce it on
record and according to her, the said document was in the hand
writing of the respondent. I deem it appropriate to reproduce herein
below the said portion in the cross – examination of the respondent
as it is in verbatim, which reads thus :
”lk-okY;kus ek÷;kdMwu 2|| yk[k #-] nksu fdyks pkanhps lkeku
o 200 xzWe lksU;kph ekx.kh dsyh gs nk[kfo.;klkBh ek÷;kdMs
dkxnksih iqjkok ukgh- gs Eg.k.ks [kjs ukgh dh ek÷;kdMs lk-
okY;kP;k oMhykauh yXukph rkjh[k jn~n dsyh o fn-8-2-09 jksth
yXukpk Qynku fo/kh gksbZy vls nk[kfo.;klkBh dkxnksih
iqjkok ukgh- lk{khnkj lkaxrs dh ek÷;kdMs iqjkok vkgs o rks eh
nk[ky dj.;kl r;kj vkgs o rhps Eg.k.ks vkgs dh rs lk-
okY;kP;k gLrk{kjkr vkgs-”
14. Perusal of the further cross – examination does not
reveal whether any such document was filed by the respondent and
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whether such document was permitted to be filed by the learned
District Judge. There is nothing more on record showing that, such
document was in fact filed, was shown to the witness and was
admitted by her to be the same document. Only in the last line of the
cross – examination of the respondent it is mentioned that, ” Qynku
fo/khpk nLr fu-54 yk vkgs- ” It is really surprising that, on such vague
evidence the learned District judge has placed her reliance. First of
all, it was the unknown procedure followed of allowing the witness to
produce any document in the cross – examination without giving any
opportunity of opposing such production of the document to the
opposite side. Further a total go – bye is given to the procedure of
proving the contents of the said document. It has to be stated that,
the contents of the said document are not legally proved and in such
circumstances the exhibition of the said document can only be
considered for limited purpose of identification of the said document.
15. Question arises why such a vital and important
document, when it was in custody of the respondent, was not
produced by her during the course of the trial for the offences under
section 498-A of I.P.C. I reiterate that, unless the circumstances are
explained why the said document was not filed at the initial stage i.e.
at the time of filing of the petition its production could not have been
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allowed. It is really surprising that, an observation has been made by
the learned District Judge that, it is nowhere suggested to the
respondent by the appellant that, the said document was not in his
hand writing. The learned District Judge has failed in appreciating
that, when the said document was not legally proved, the learned
Counsel for the appellant cleverly did not refer to the said document
even for giving a suggestion that, the said document was not in the
hand writing of the appellant or else the said document would have
been validly read in evidence. No such inference therefore can be
drawn that, since the appellant did not give any such suggestion it
shall be deemed that the said document is in his handwriting. Further
even if we prefer to rely upon the said document, assuming that it is
in the hand writing of the respondent, without any further evidence,
it is difficult to record any such conclusion that, the said document
contains the demands made by the appellant and his family members
from the respondent.
16. Further, the learned District Judge does not seem to have
properly appreciated the Judgment in the case of Regular Criminal
Case No.712/2009 filed on the complaint of the respondent against
the appellant and his relatives. In the said case, it was deposed by the
respondent that,
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“Vivek asked me on a phone call to give a cash of
Rs.2.5 Lakhs, 200 grams gold ornaments, 2 Kg
silver utensils as dowry. I tried to convince Vivek
that, we have performed a love marriage and
therefore it is not proper to demand anything, but
he was not ready to listen me. Thereafter Vivek
made a phone call to my father and made same
demand to him.”
The discussion made by the learned Magistrate in the Judgment
delivered by her in Regular Criminal Case No.712/2009 reveals that,
the father of the respondent had admitted in his evidence before the
Court that, accused Vivek did not make any demand of any ornament
or cash from him. I deem it appropriate to reproduce the observations
made by the learned Magistrate in that regard in para no.27 of the
said Judgment, which read thus :
“Babubhai (PW6) has admitted that the accused
Vivek did not make any demand of any ornaments or
cash from him, though the informant states that after
telling her about their demand for the Phaldan, Vivek
immediately conveyed about the same to her father on
phone.”
Thus, there was no corroboration to the fact stated by the
respondent that dowry was demanded by the appellant and that was
the reason that, the learned Magistrate has recorded a finding that,
the prosecution has failed in proving the charges levelled against the
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accused therein.
17. As noted earlier, the learned District Judge has observed
in the impugned Judgment that in absence of any such finding
recorded by the criminal Court while acquitting the appellant and his
family members from the offence under Sections 498-A, 420, 323,
504 506 r.w. 34 of I.P.C. that a false case was filed against them by
the complainant, filing of such complaint, would not amount to
cruelty and thus cannot be a ground for the husband to seek a decree
of divorce.
18. In the case of Anil Yashwant Karande Vs. Mangal Anil
Karande [2016 (2) Mh.L.J.] 166, a similar question was raised,
which I deem it appropriate to reproduce herein below :
“Whether for the act of filing complaint under section
498-A of Indian Penal code, to amount to mental
cruelty on the acquittal of husband and family, it is
essential that judgment of acquittal must find that the
complaint filed was false and with an intention to
defame?”
19. The facts involved in the aforesaid case were quite
similar to the facts of the present case, except that, the aforesaid
petition was under the provisions of the Hindu marriage Act, whereas
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the instant proceeding is under the provisions of the Special Marriage
Act. While deciding the aforesaid issue, the Learned Single Judge has
referred to various judgments of this Court and also of the Hon’ble
Apex Court. In the said matter also, the lower Appellate Court had
held that, the criminal Court has nowhere stated that, the false
complaint was lodged and thus the said ground cannot be canvassed
for seeking divorce.
20. In the aforesaid Judgment, the learned Single Judge has
referred to the judgement of the Division Bench of this Court in case
of Mr. M. Vs. Mrs. M. 2014 (2) Mh.L.J. 825, wherein it has been
held that,
“In a given case depending upon the
evidence on record, even if acquittal is on the ground
that, charge could not be substantiated and even if
there was no finding recorded by the criminal court
that, the prosecution case was false, there can be a
case of cruelty. The division bench has further
observed that, it depends upon the manner in which
the complaint has been filed and prosecuted.”
21. Perusal of the order passed in Regular Criminal Case
No.712/2009, based on the complaint filed by the present
respondent, demonstrates that, the said complaint has been dismissed
on merits and not on the ground that, the prosecution has failed to
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prove the case beyond reasonable doubt.
22. As I have noted earlier, the learned Magistrate has
specifically observed that, though the informant had stated that, the
husband had conveyed the monitory demands for the faldan vidhi to
her father on phone, the father namely Babubhai (PW-6) had
admitted that, the accused – husband did not make any demand of
any ornaments or cash from him. It is worth to note that, the learned
Magistrate has candidly observed that, the evidence of all the
aforesaid prosecution witnesses is replicate of material contradictions
rendering the same not worthy of credence raising reasonable doubts
about allegations levelled against the accused. The learned
Magistrate has further observed that, the informant has failed to
produce on record the copy of the notice allegedly sent by her to her
husband on 17.07.2014 and the e-mails sent by her to him. The
learned Magistrate has also observed that, the FIR was lodged
belatedly after 25 days of occurrence of the alleged incident.
23. The criminal Court while acquitting the appellant and his
family members has considered the evidence of several witnesses and
thereafter had recorded a clear finding that, the prosecution has
failed to prove the material ingredients against the accused under
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section 498-A read with 34 of I.P.C. and that the prosecution evidence
is absolutely insufficient to prove the allegations against the accused.
The learned Magistrate thus has rejected the complaint on merits
after evaluating the evidence of prosecution witnesses. It has to be
stated that the criminal complaint was seriously prosecuted by the
respondent by adducing evidence of several witnesses. It has also
come on record that the bail application of the appellant was also
seriously opposed by the respondent. It is also a matter of record that
the passport of the appellant was sought to be seized in the matter by
the respondent.
24. The copy of the Judgment in the case of R.C.C. No.
712/2009 was indisputably placed on record by the appellant. The
learned District Judge has, however, observed that, since in the
aforesaid criminal case the learned Magistrate has not recorded any
such finding that the criminal prosecution initiated on complaint of
the present respondent was false, the acquittal of the accused i.e.
present appellant and his family members from the said case would
not provide a cause to the appellant to seek divorce on the said
ground.
25. The observation so made and the conclusion so recorded by the
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learned District Judge is wholly unsustainable. I have elaborately
discussed herein above that, the acquittal recorded of the appellant
and his family members by the learned Magistrate in R.C.C.
No.712/2009 is on merits and with an observation that, the
prosecution evidence was absolutely insufficient to prove the
allegations against the accused. The observations made by the
learned Magistrate that the evidence of the prosecution witnesses was
not worthy of credence means that, there was no truth in the case of
prosecution. In a way the observations made by the learned
Magistrate lead to the inference that, the prosecution case was false
though such wording not been expressly used by the learned
Magistrate.
26. Moreover, as has been held by the Division Bench of this
Court in the case of Mr. M. Vs. Mrs. M. (cited supra) even if the
acquittal of the husband and his family members has been recorded
on the ground that, the evidence adduced by the prosecution was
wholly insufficient and though there is no such finding recorded by
the trial Court that, the prosecution case was false, there can be a
case of cruelty.
27. I reiterate that, though the criminal Court has not
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expressly said that the prosecution case was false, the entire
discussion made by the learned Magistrate and the conclusions
recorded by it reasonably suggest that, the said case was false and
would therefore amount to cruelty.
28. The petition filed by the respondent for restitution of
conjugal rights was opposed by the appellant mainly on the ground
that, the respondent filed a false case against him and his family
members and subjected all of them to tremendous mental pain and
agony. On the same ground decree of divorce was also sought by the
appellant by raising a counter claim.
29. As held by the Hon’ble Apex Court in the case of K.
Srinivas Vs. K. Sunita, (2014) 16 SCC 34 it is beyond cavil that, if a
false criminal case is preferred by either spouse, it would invariably
and indubitably constitute matrimonial cruelty and as such would
entitle to the other spouse to claim a divorce.
30. In case of Vishwanath Sitaram Agrawal Vs. Sau. Sarla
Vishwanath Agrawal 2012 (6) Mh.L.J. (S.C.) 1 the facts were that,
the wife had filed a complaint under section 498-A of I.P.C. against
the husband, her father-in-law and other relatives, who were
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acquitted in that case and the said decision of the acquittal was not
assailed before the higher forum and thus the conclusion recorded by
the trial Court that allegations on that count were incorrect and
untruthful had become final. In light of the facts as aforesaid, the
Hon’ble Apex Court observed that, the act of filing false complaint
under section 498-A of I.P.C. by the wife created mental trauma in the
mind of the husband. The Hon’ble Apex Court has further observed
that, no one would like to face a criminal proceeding of this nature
on baseless and untruthful allegations.
31. The Hon’ble Apex Court in the case of V. Bhagat Vs. D.
Bhagat (1994) 1 SCC 337 has held that, ‘a mental cruelty under
Section 13 (1)(i-a) can be defined as that conduct which inflicts upon
the other party such mental pain and suffering as would make it not
possible for that party to live with the other.’
32. In the case of Anil Vs. Mangal (supra) the learned
Single Judge has referred to the Judgment of the Division Bench of
this Court in the case of Nagesh Dhanapp Chilkanti Vs. Sau.
Manisha Nagesh Chilkanti in Family Court Appeal No.158 of 2008,
wherein the division bench had considered a similar case where the
husband and his family members were acquitted in the complaint
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filed under section 498-A of I.P.C. The Division Bench has held that,
filing of false criminal against the husband and his family members
would very much constitute mental cruelty. The Division Bench has
further held that, in the circumstances, the husband was entitled to a
decree of divorce on the ground of cruelty.
33. The learned Single Judge in the case of Anil Vs. Mangal
(supra) after having referred to the aforesaid Judgments has held
thus :
“36. The judgments referred to aforesaid clearly
indicate that if the complaint filed by the wife against
the husband under section 498- A of IPC and other
related provisions was dismissed on merits and the
husband and his family members are acquitted, it was
clear that the complaint filed by the wife against the
husband was a false complaint. In my opinion, filing of
such complaint itself which create mental trauma on the
husband and the complaint which was seriously
prosecuted by the wife by leading evidence of several
persons and bringing the said complaint to its logical
conclusion which ultimately resulted in acquittal of the
husband and his family members clearly amounted to
the cruelty committed by the wife upon the husband.
37. The judgments of the Supreme Court and
this Court which are referred to aforesaid squarely apply
to the facts of this case. I am respectfully bound by those
judgments. There is no dispute that the husband and his
family members were ultimately acquitted in such
complaint made by the respondent. It was not the case of
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such allegations were not independently proved by the
respondent before the learned trial Court as well as
before the lower appellate Court. A perusal of the order
passed by the lower appellate Court indicates that the
evidence led by the respondent and other witnesses in the
said criminal proceedings and the findings rendered by
the learned Magistrate First Class have been totally
ignored by the learned trial Court.
38. The Supreme Court as well as this Court in
the aforesaid judgments have consistently held that if the
false criminal complaint is preferred by either spouse it
would invariably and indubitably constitute
matrimonial cruelty, such as would entitle the other
spouse to claim a divorce. In my view, the respondent
having filed a false complaint alleging offence under
section 498-A, 323, 504 and 506 of IPC in which the
appellant and his family members were acquitted and
thus the appellant was entitled to seek divorce on the
ground of cruelty under section 13(1)(i-a) of the Hindu
Marriage Act.”
34. The present respondent filed the petition for restitution
of conjugal rights on 07.09.2009. The material on record reveals
that, pending the said petition, the respondent lodged the report
against the appellant and his family members, on the basis of which,
the criminal case was registered against them for the offences
punishable under section 498-A and other relevant provisions of I.P.C.
The said criminal case was decided on 13.05.2014 whereby the
appellant and his family members were acquitted. The appellant
filed his written – statement to the petition for restitution of conjugal
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rights thereafter i.e. on 20.09.2014 and also raised a counter claim
seeking divorce.
35. The petition for restitution of conjugal rights was thus
further prosecuted by the respondent after decision of the criminal
case. As I have noted earlier, the criminal complaint was seriously
prosecuted by the respondent by adducing evidence of several
witnesses. The bail application was also seriously opposed by the
respondent. An application was also filed by the respondent for
seizure of the pass port of the appellant. In the light of the facts as
aforesaid, it has to be examined whether in the aforesaid
circumstances, the petition filed by the respondent for restitution of
conjugal rights was liable to be decreed. Section 22 of the Special
Marriage Act clearly indicates that, the application for restitution of
conjugal rights can be filed under the said provision only if either of
the spouse has without reasonable excuses withdrawn from the
society of the other. The question arises whether the respondent
could have maintained the petition filed by her seeking restitution of
conjugal rights after the complaint filed by her under section 498-A
of I.P.C. against the appellant and his family members was proved to
be false and hence ended in acquittal of the appellant and his family
members. I need not to repeat the earlier finding recorded by me
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that, the criminal case filed by the respondent against the appellant
under section 498-A of I.P.C. amounted to cruelty committed by the
respondent upon appellant. In the circumstances, as has been held by
the learned Single Judge in the case of Anil Vs. Mangal (supra), no
spouse can be allowed to urge that, he or she would treat other with
cruelty and at the same time would also force other to cohabit with
him or her by filing an application for restitution of conjugal rights.
36. After having considered the entire material on record,
unhesitatingly it can be said that, the appellant has sufficiently
proved the allegation of cruelty on part of the respondent and as
such, no decree of restitution of conjugal rights was liable to be
granted in favour of the respondent and at the same time, there was
no reason for refusing the decree of divorce in favour of the
appellant. The learned District Judge has committed an error in
allowing the petition filed by the respondent for restitution of
conjugal rights and in rejecting the counter claim filed by the
appellant seeking divorce on the ground of cruelty. The impugned
Judgment, therefore, deserves to be set aside. In the result, the
following order is passed.
ORDER
1. The order dated 22.04.2016 passed by the District Judge -1
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24 2762.2016FA.doc
Jalgaon in Special Marriage Petition No.06 of 2009 is set aside.
2. Special Marriage Petition No.06 of 2009 for grant of restitution
of conjugal rights is dismissed.
3. The counter claim filed by the appellant seeking decree of
divorce is allowed.
4. No order as to costs.
5. The first appeal stands allowed in the aforesaid terms.
6. Pending civil application, if any, stands disposed of.
(P.R. BORA, J.)
ggp
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