The Allahabad High Court ruled that no spouse should be compelled to stay in a marriage under the threat of false criminal charges.
PRAYAGRAJ: The Allahabad High Court, overturning a lower court’s decision, ruled that no spouse should be compelled to stay in a marriage under the threat of false criminal prosecution. The court made this observation after finding that a woman had falsely accused her estranged husband of dowry harassment, while he was seeking a divorce.
In response to an appeal filed by Basant Kumar Dwivedi, a division bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh set aside the district judge of Ballia’s July 23, 2010, order dismissing the husband’s divorce petition. The court also reversed the additional district judge’s order from the same date, which had granted restitution of conjugal rights.
In dissolving the marriage, the Allahabad High Court emphasized that the decision was based on the established facts of the case.
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 so recklessly against all family members of the appellant (husband) leaves us in no doubt that the conduct of the respondent was extremely cruel. As per law, no spouse, whether male or female, may be expected to continue a matrimonial relationship at the risk of malicious criminal prosecution. Such prosecution certainly leads to a loss of dignity and reputation, besides other consequences that may arise if a person is arrested or tried for the offence alleged.”
