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Journalism of Courage
The Bombay High Court observed recently that filing false criminal complaints amounted to cruelty under Hindu Marriage Act and granted divorce to a man accused by wife of dowry harassment.
Santosh (name changed) had approached HC challenging a September 2006 order of a family court in Pune denying him divorce on ground of cruelty.
Santosh married Rekha (name changed) in November 2001. However,soon after differences between the couple surfaced with Rekha lodging a complaint of harassment and causing hurt against Santosh and his family with Pimpri Police.
Santosh said a lower court quashed the criminal complaint citing insufficient evidence but the family court dismissed his divorce plea.
A division bench of Justices V M Kanade and P D Kode observed that the complaint lodged by Rekha was false in nature.
In our view,filing a false criminal complaint amounts to cruelty within the meaning of section 13 (i) (a) of
Hindu Marriage Act, HC said and granted Santosh divorce.
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