Shibu Thomas,TNN | Feb 11, 2014, 03.43 AM IST
MUMBAI: Making unsubstantiated allegations of dowry harassment and defamatory claims against a man that the way he treated his wife led her to suffer from arthritis and caused her father's death is cruelty, the Bombay high court has ruled.
Dissolving a 16-year old marriage, a division bench of Justice Abhay Oka and Justice S C Gupte took into account the suffering caused to the husband and his parents who had to face a trial and attend multiple hearings.
"We have no hesitation in holding that the conduct amounts to mental cruelty to the husband and by reason of such mental cruelty, he is not reasonably expected to continue cohabitation with the wife," said the judges, while setting aside a family court's order denying divorce to Pune resident Satish Patil from his wife Neeta.
The court said that Satish had established that Neeta could not substantiate the allegations of cruelty in the criminal trial. Between 2001 and 2004 he and his family members faced the criminal trial in which they were acquitted, but not before attending 56 court hearings. "Considering the manner in which the criminal case proceeded, Satish and his family members were subjected to humiliation, trauma and agony as set out in (his) deposition, the court remarked. The court said that Neeta had also made two serious "unfounded" defamatory allegations, which she had not substantiated—that the ill-treatment had resulted in her arthritis and had led to her father's death from shock.
The court clarified that whether it was a case of cruelty because a criminal case was lodged against spouse and in-laws would depend on facts.
Satish had married Neeta in July 1998 but disputes arose within a few months and the allegation is that she left for her parent's house soon afterwards. In 2000, Neeta and her family members lodged a complaint with the women's cell in June 2000 and an FIR of dowry demand and harassment was lodged in January 2001.
(Names changed to protect the couple's identity)
MUMBAI: Making unsubstantiated allegations of dowry harassment and defamatory claims against a man that the way he treated his wife led her to suffer from arthritis and caused her father's death is cruelty, the Bombay high court has ruled.
MUMBAI: Making unsubstantiated allegations of dowry harassment and defamatory claims against a man that the way he treated his wife led her to suffer from arthritis and caused her father's death is cruelty, the Bombay high court has ruled.
Dissolving a 16-year old marriage, a division bench of Justice Abhay Oka and Justice S C Gupte took into account the suffering caused to the husband and his parents who had to face a trial and attend multiple hearings.
Dissolving a 16-year old marriage, a division bench of Justice Abhay Oka and Justice S C Gupte took into account the suffering caused to the husband and his parents who had to face a trial and attend multiple hearings.
"We have no hesitation in holding that the conduct amounts to mental cruelty to the husband and by reason of such mental cruelty, he is not reasonably expected to continue cohabitation with the wife," said the judges, while setting aside a family court's order denying divorce to Pune resident Satish Patil from his wife Neeta.
The court said that Satish had established that Neeta could not substantiate the allegations of cruelty in the criminal trial. Between 2001 and 2004 he and his family members faced the criminal trial in which they were acquitted, but not before attending 56 court hearings. "Considering the manner in which the criminal case proceeded, Satish and his family members were subjected to humiliation, trauma and agony as set out in (his) deposition, the court remarked. The court said that Neeta had also made two serious "unfounded" defamatory allegations, which she had not substantiated—that the ill-treatment had resulted in her arthritis and had led to her father's death from shock.
The court clarified that whether it was a case of cruelty because a criminal case was lodged against spouse and in-laws would depend on facts.
Satish had married Neeta in July 1998 but disputes arose within a few months and the allegation is that she left for her parent's house soon afterwards. In 2000, Neeta and her family members lodged a complaint with the women's cell in June 2000 and an FIR of dowry demand and harassment was lodged in January 2001.
(Names changed to protect the couple's identity)
MUMBAI: Making unsubstantiated allegations of dowry harassment and defamatory claims against a man that the way he treated his wife led her to suffer from arthritis and caused her father's death is cruelty, the Bombay high court has ruled.
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