No spouse expected to remain in marriage at risk of malicious prosecution: HC

PRAYAGRAJ: The Allahabad high court, while setting aside the decision of the lower court, has held that no spouse is expected to remain in a marriage under the risk of false criminal prosecution.
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The court made this observation upon finding that a woman had made reckless allegations of dowry harassment against her estranged husband, who was seeking a divorce.
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Allowing a first appeal filed by Basant Kumar Dwivedi, a division bench comprising justice Saumitra Dayal Singh and justice Donadi Ramesh set aside the order dated July 23, 2010, passed by the district judge, Ballia, whereby the court dismissed the divorce suit filed by the appellant husband. The court also set aside the judgment and order dated July 23, 2010, passed by the additional district judge whereby the court below had decreed the suit proceeding and granted restitution of conjugal rights.
While dissolving the marriage between the parties, the Allahabad high court said that the decision was made based on proven facts.
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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.”