Published On : Mon, Sep 21st, 2015

Framing husband, kin in false dowry case is cruelty, rules HC’s Nagpur bench

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Nagpur: In what may come as a sign of relief for the husbands and kin implicated in false case of dowry, the Nagpur bench of Bombay High Court has ruled that lodging false complaint of dowry amounts to cruelty. The court reached the conclusion while pronouncing verdict in one of the dowry case framed against one husband and his relatives in a criminal case. The court also granted divorce to husband.

The couple in the case Mahesh and Manyata (names changed) is resident of Nagpur and has a four-year-old son. After it became difficult for him to lead happy family life, Mahesh filed plea for divorce and Manyata filed petition for maintenance inNagpur Family Court. The family court turned down Mahesh”s plea on December 6, 2006 and approved Manyata”s plea and ordered ` 1,500 maintenance to her. Mahesh had challenged this order in the high court.

The judges duo of high court Vasanti Naik and IASChima after studying various aspect of the case, changed family court”s order and gave Mahesh divorce. The maintenance to Manyata was continued.

Mahesh and Manyata got married on May 19, 2002 in Reshimbagh. His old parents were staying with Mahesh while his brother was staying separately with his family.

Manyata”s behaviour changed after some days of marriage. She used to take up quarrel over trivial issues. She used to visit her maternal place without informing anyone. Mahesh”s father was heart patient.

He had died of cardiac arrest on spot after arguments with Manyata whose behaviours did not change even after giving birth to son. After leaving house of in-laws, Manyata had lodged complaint against husband and his relatives that they were demanding dowry.
Cops did not find any truth in the investigation. So cops did not lodged FIR against Mahesh and his relatives. All these aspects amounted to cruelty to husband, opined high court in its verdict.