Tag Archives: False Allegations

Divorce – False Allegations Against Husband

In the case of Maya Devi v. Jagdish Prasad, 2007 (67) ALR 129, it was held that not only the physical cruelty which can be a ground for a divorce but the mental cruelty also constituted a good ground for divorce. In the case of Sadhana Srivastava v. Sri Arvind Kumar Srivastava, 2005 (61) ALR 268, it was held that making a false allegation against the husband of having illicit relationship and extra marital affairs by wife in her written statement constitute mental cruelty of such nature that husband cannot be reasonable asked to live with wife. In such case, the husband is entitled to a decree of divorce. Similar views have been expressed by the Hon’ble Delhi High Court in the case of Jai Dayal v. Shakuntala Devi, AIR 2004 Del 31 in which it has been held that leveling of false allegation by one spouse about the other having alleged illicit relations with different persons outside wedlock amounted to mental cruelty. Rajesh Dwivedi v. Additional Principal Judge, Family Court, 2015 (108) ALR 337.

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Filed under False Allegations, Matrimonial Dispute

Applications under Section 156(3) Crpc – To be supported by Affidavit

Section 156(3) applications are to be supported by an affidavit duly sworn by the applicant who seeks the invocation of the jurisdiction of the Magistrate. That apart, in an appropriate case, the Learned Magistrate can verify the truth and also can verify the veracity of the allegations. This affidavit can make the applicant more responsible. Such kind of applications are being filed in a routine manner without taking any responsibility whatsoever only to harass certain persons. It becomes more disturbing and alarming when one tries to pick up people who are passing orders under a statutory provision which can be challenged under the framework of the said Act or under Article 226 of the Constitution of India. But it cannot be done to take undue advantage in a criminal court as if somebody is determined to settle the scores.
There has to be prior applications under section 154(1) and 154(3) while filing a petition under Section 156(3). Both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed. The warrant for giving a direction that an application under Section 156(3) be supported by an affidavit is so that the person making the application should be conscious and also endeavour to see that no false affidavit is made. It is because once an affidavit is found to be false, he will be liable for prosecution in accordance with law. This will deter him to casually invoke the authority of the Magistrate under Section 156(3). That apart the veracity of the same can also be verified by the Learned Magistrate, regard being had to the nature of allegations in the case. As a number of cases pertaining to fiscal sphere, matrimonial dispute/family disputes, commercial offences, medical negligence cases, corruption cases and the cases where there is abnormal delay/laches in initiating criminal cases, as are illustrated in Lalita Kumari v. State of U.P., (2014) 2 SCC 1 are being filed. That apart, the Learned Magistrate would also be aware of the delay in lodging of the FIR. Priyanka Srivastava v. State of Uttar Pradesh, (2015) 6 SCC 287.

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Filed under Complaint Cases, Criminal Law

Matrimonial Cruelty – Filing of a False Criminal Case

Filing of a criminal complaint by the wife against the husband and several members of his family under Section 498-A and 307of the Indian Penal Code amounts to cruelty. This nature of cruelty, in the wake of filing of a false criminal case by either of the spouses, has been discussed in detail in K. Srinivas Rao v. D.A. Deepa, (2013) 5 SCC 226, wherein it was held as under:
“Staying together under the same roof is not a precondition for mental cruelty. Spouse can cause mental cruelty by his or her conduct even while he or she is not staying under the same roof. In a given case, while staying away, a spouse can cause mental cruelty to the other spouse by sending vulgar and defamatory letters or notices or filing complaints containing indecent allegations or by initiating number of judicial proceedings making the other spouse’s life miserable.”
If a 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. K. Srinivas v. K. Sunita, (2015) 1 AWC 80.

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Filed under Matrimonial Cruelty, Matrimonial Dispute