High Court: No Spouse Should Be Expected to Stay in a Marriage at Risk of Malicious Prosecution

The Allahabad High Court ruled that no spouse should have to endure a marriage at Risk of Malicious Prosecution.

PRAYAGRAJ: The Allahabad High Court, overturning the lower court’s decision, ruled that no spouse should be expected to remain in a marriage under the threat of false criminal prosecution.

Allahabad High Court made this observation after determining that a woman had made baseless allegations of dowry harassment against her estranged husband, who was seeking a divorce.

In response to an appeal filed by Basant Kumar Dwivedi, a division bench consisting of 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 overturned the additional district judge’s order from the same date, which had granted restitution of conjugal rights.

While dissolving the marriage, the Allahabad High Court stated 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.”