(Guest)

Whether wife can be held guilty of cruelty if she initiate p

Whether wife can be held guilty of cruelty if she initiate prosecution against her husband and his family members?

Another relevant factor to be noted is that no complaint whatsoever was filed by the respondent - wife till the filing of the divorce petition on 02.02.2006. It is after the filing of the divorce petition by the appellant - husband that various proceedings whether by way of registration of FIR or under the Protection of Women from Domestic Violence Act, 2005 were initiated by the respondent -wife. FIR No. 80 under Sections 498A, 406, 506 IPC is dated 28.02.2006. The case underSections 19, 20, 21, 22 and 23 of Protection of Women from Domestic Violence Act, 2005 was preferred by the respondent in January, 2007. Thus, it has been rightly held by the learned trial Court that taking recourse to law for availing the remedies available to her, the respondent cannot be held guilty of acts of cruelty, which would entitle the husband to a decree of divorce. Learned counsel for the appellant - husband does not deny that he alongwith other family members have been acquitted being afforded the benefit of doubt. Thus, the acquittal of the appellant and other family members, per se, on account of the allegations not being proved beyond a shadow of doubt does not dilute or falsify the averments made by the respondent - wife. In the present proceedings it is preponderance of probabilities which have to be taken into account. Likewise dismissal of the respondent's petition filed under the Protection of Women fromDomestic Violence Act, 2005, after the institution of the petition for divorce by the appellant, does not translate into an act of cruelty which entitles the appellant to a decree of divorce.

Punjab-Haryana High Court

Amit Kaushik vs Monika Gaur on 29 February, 2016

FAO No. 7251 of 2011 (O&M)

CORAM:- HON'BLE MR. JUSTICE RAJIVE BHALLA
     HON'BLE MRS. JUSTICE LISA GILL

Citation: 2016(5) ALLMR(JOURNAL)1

https://www.lawweb.in/2016/11/whether-wife-can-be-held-guilty-of.html

Reply Follow

1 Replies

adv.bharat @ PUNE (Lawyer) 12 November 2016

Thanks for sharing it.

Related Threads

Start a New Discussion Unreplied Threads

Popular Discussion

Whether wife can be held guilty of cruelty if she initiate p

Whether wife can be held guilty of cruelty if she initiate prosecution against her husband and his family members?

1 Replies

Leave a reply

Recent Topics

Related Threads

Popular Discussion

Browse by Category