While setting aside the decision of the court below, the Allahabad High Court has held that no spouse is expected to continue in a marriage at risk of false criminal prosecution.
The court made this observation when it found that a woman had made reckless allegations of dowry harassment case against her estranged husband, who sought a divorce.
Allowing a first appeal filed by one Basant Kumar Dwivedi, a division bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh set aside the order dated July 23, 2010, passed by the district judge, Ballia, whereby the court dismissed the divorce suit instituted by the appellant-husband. By the same decision, the court also set aside the judgment and order dated July 23, 2010, passed by an additional district judge whereby the court below had decreed the suit proceeding and granted for restitution of conjugal rights.
While dissolving the marriage between the parties, the court said that it was passed given the facts found proven.
Giving this judgment dated August 28, the court observed, “Once it was known that there was no demand for dowry in the marriage, the fact that she chose to make such allegations most recklessly against all family members of the appellant (husband) leaves us no doubt that the conduct of the respondent was extremely cruel. As per law, legally no spouse whether male or female may be expected to continue a matrimonial relationship at the risk of malicious criminal prosecution. The criminal prosecution certainly leads to loss of dignity and reputation, besides other consequences that may arise, if a person is arrested or tried for the offense alleged”.
