₹1.80 Crore Damages Suit Filed by Husband Against Wife

₹1.80 Crore Damages Suit Filed by Husband Against Wife

The decision is being regarded as a major relief for husbands caught in prolonged legal battles arising from false matrimonial accusations.

In a notable ruling, a Gurugram district court has admitted a ₹1.80 crore damages suit filed by a UK-based man against his former wife, who had previously lodged a false dowry case against him. Delivered on August 13, 2025, by Civil Judge (Senior Division) Manish Kumar, the order is seen as a crucial step in addressing the misuse of matrimonial laws.

The plaintiff, Gurusharam Lal Awasthi, had earlier been acquitted of charges under Sections 498A (cruelty), 406 (criminal breach of trust), and 506 (criminal intimidation) of the Indian Penal Code — first by a lower court in 2016, and later by a sessions court in 2018. Following his acquittal, Awasthi instituted a civil suit against his ex-wife for malicious prosecution, seeking compensation for the financial losses and mental distress endured during the 16-year-long legal ordeal.

It is noteworthy that Awasthi obtained a divorce from a UK court in 2020. However, neither he nor his wife sought recognition of the decree in India. Under Indian law, a foreign divorce decree does not automatically hold validity unless it meets specific criteria—such as both parties submitting to the foreign court’s jurisdiction and the decree being granted on grounds recognized under Indian matrimonial law. Without such recognition, the marriage is deemed to continue under Indian legal standards.

The plaintiff’s former wife opposed the suit on August 13, asserting that it was not maintainable as an appeal against Awasthi’s acquittal was still pending before the High Court. Her counsel further contended that the requisite court fee had not been paid. Dismissing these objections, the court ruled that the pendency of a revision petition does not invalidate an acquittal and clarified that a provisional court fee is acceptable in cases involving unliquidated damages.

“The plaint, on the face of it, establishes a cause of action for malicious prosecution,” observed Judge Manish Kumar, adding that the ex-wife’s contention that the suit was “false and fabricated” could only be determined during the course of trial. The case has been adjourned to November 20, 2025, for the filing of a written statement.

In an interaction with Hindustan Times, Awasthi recounted his long ordeal: “My marriage lasted only seven days, but I spent 40 days in jail and 16 years in courtrooms. They demanded ₹1.20 crore to settle, but I refused. My passport was confiscated for three years — I couldn’t work or travel, and my family suffered deeply. My father passed away because of constant police harassment. The loss to my dignity and life is beyond measure.”

Women’s rights activist and documentary filmmaker Deepika Narayan Bhardwaj, who supported Awasthi in his legal battle, hailed the order. “This is a commendable judgment — it offers hope to countless men facing false dowry allegations. Despite enduring tremendous emotional, financial, and personal loss, this man stood his ground. His determination could inspire many others to pursue justice through malicious prosecution suits,” she remarked.

Legal experts observed that the ruling reflects the judiciary’s growing acknowledgment of the misuse of dowry laws and could act as a deterrent against frivolous or vindictive complaints in matrimonial cases.

Offering her perspective, Ambika Yadav, a senior advocate at the Gurugram district court, noted that the decision could set an important precedent. “For years, courts have been hesitant to entertain civil suits for malicious prosecution in matrimonial matters. By admitting this case despite a pending appeal, the court has affirmed that an acquittal provides legitimate grounds to claim damages. This sends a clear message that the abuse of criminal law will not be tolerated and paves the way for others in similar situations to seek redress,” she said.

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