Nitin Ramesh Dhiwar vs Sou. Roopali Nitin Dhiwar (Bombay HC) (FCA 118 of 2006)
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.
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.