False criminal complaint itself amounts to cruelty within meaning of section 13(i) (a) of HM Act

In our view, filing of a false criminal complaint
itself amounts to cruelty within the meaning of section 13(i)
(a) of the Hindu Marriage Act. A similar view was taken by
the Division Bench of this Court in Family Court Appeal No.
158 of 2008. The Division Bench had taken into
consideration the judgment and order passed by the Trial
Court of acquitting the Appellant therein for the offence
punishable under section 498A r/w. 34 of the Indian Penal
Code and also the deposition of the Appellant in the Trial
Court. Taking our over all view, the impugned judgment
and order passed by the Family Court will have to be
quashed and set aside and the appeal filed by the Appellant
will have to be allowed.


 IN THE HIGH COURT OF JUDICATURE AT BOMBAY 
 CIVIL APPELLATE JURISDICTION 
FAMILY COURT APPEAL NO.118 OF 2006
Nitin Ramesh Dhiwar )

Versus
Sou. Roopali Nitin Dhiwar )

CORAM: V.M. KANADE &
 P.D. KODE, JJ.
DATE: 16th August, 2012



1. Heard the learned counsel appearing on behalf of
the Appellant. None appears on behalf of the Respondent,
though she was served.
2. The Appellant is aggrieved by the judgment and
order passed by the District Judge-4, Pune on 7.9.2006, who
was pleased to dismiss the petition for divorce filed by the
Appellant herein.
3. Brief facts are as under:
The Appellant is the husband and the Respondent
is the wife (hereinafter the Appellant shall be referred to as
“husband” and Respondent shall be referred to as “wife”).
They got married on 12.11.2001. However, soon thereafter,
there were disputes and differences between the husband
and wife. A complaint was registered by the Pimpri Police
Station for the offences punishable under sections 498A,
323, 504, r/w. 34 of the Indian Penal Code. I The husband
filed a petition for divorce in the District Court, Pune on the
ground of cruelty, inter alia, it was urged in the trial court
that a false complaint was filed by the wife against the
husband and his family members for the offence punishable

under section 498A, 323, 504, r/w. 34 of the Indian Penal
Code. 
4. It is submitted submitted that the Trial Court after
perusing the evidence which was adduced by the
prosecution, was pleased to dismiss the criminal complaint.
5. The learned counsel appearing on behalf of the
Appellant, inter alia, submitted that this Court has
consistently held that in the event a criminal complaint is
filed by the wife for the offence punishable under section
498A and the said complaint has been dismissed, then in
that event, an inference can be drawn by the Court that the
said complaint is a false complaint and that the fact itself of
filing a false complaint constitutes cruelty within the
meaning of section 13(i) (a) of the Hindu Marriage Act,1956.
In support of the said submission, the learned counsel for
the Appellant has relied on the judgment of this Court in
Family Court Appeal No. 158 of 2008 dated 6th May, 2010
decided by the Division Bench of this Court [Coram: A.P.
Deshpande & Smt. R.P. Sondurbaldota, J.J.]
6. We have perused the judgment and order of the
Judicial Magistrate, First Class, Pimpri at Pune -18 in C.C. No.
1175 of 2003. We are satisfied after reading the said
judgment and order that the said complaint which was filed
by the Respondent is a false complaint and that is the only
inference which can be drawn from the judgment and order

of the Trial Court. 
7. In our view, filing of a false criminal complaint
itself amounts to cruelty within the meaning of section 13(i)
(a) of the Hindu Marriage Act. A similar view was taken by
the Division Bench of this Court in Family Court Appeal No.
158 of 2008. The Division Bench had taken into
consideration the judgment and order passed by the Trial
Court of acquitting the Appellant therein for the offence
punishable under section 498A r/w. 34 of the Indian Penal
Code and also the deposition of the Appellant in the Trial
Court. Taking our over all view, the impugned judgment
and order passed by the Family Court will have to be
quashed and set aside and the appeal filed by the Appellant
will have to be allowed. 
8. The Family Court Appeal is, accordingly, allowed
and the judgment and order passed by the District Court,
Pune in Marriage Petition No. 12 of 2004 dated 7.9.2006 is
quashed and set aside and a decree and divorce is granted
to the Appellant as prayed by him in the Petition for Divorce
filed by him in the Family Court. Family Court Appeal is
disposed of.
(P.D.KODE J.) (V.M. KANADE J.)

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