False 498a, falsely alleging that she was forced to sleep with father in etc are cruelty. Divorce granted. Need not stay long, to treat cruelly. Clear case of 498a misuse

Marriage solemnized in 1999. Fight starts immediately after marriage and wife leaves for parental house JUST 1 day after marriage. She promptly files a false dowry case saying husband and co sought 10 lakhs dowry and also alleges that her mother in law asked her to sleep with father in law. After initial compromise on the false dowry case, police make a closure report, but ablaa naari goes to court and gets the dowry case numbered !! Meanwhile husband files for divorce and wife wants restitution! Yeah, she wants restitution! Husband is granted divorce by family court. Wife goes on appeal to HC (against family court decree). In the meanwhile husband looses 498a at magistrate court and immediately wife writes to husband’s office (i.e.) AP High court to remove him from his job! Husband wins appeal on 498a case at Sessions court and wife goes on appeal before AP HC which is not yet finished!

In the meanwhile Hon. AP High court allows wife’s appeal to Husband’s divorce decree and grants her restitution! Hon AP HC states wife could NOT have committed cruelty because she stayed at husband’s house only for a day!

Husband goes on appeal to Supreme court on the divorce decree

Supreme court appreciates the entire case and decrees (a) marriage broken down as parties have been completely living apart (b) various cases filed by wife are cruelty (c) wife NEED NOT have physically lived with husband to create cruelty and grants divorce to husband … Supreme court KINDLY provides the wife with Rs 15,00,000 !! as permanent alimony !!

By the way did I tell you, the husband is the Assistant registrar of AP High court !!


REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 1794 OF 2013

(Arising out of Special Leave Petition (Civil) No. 4782 of 2007)

SRINIVAS RAO … APPELLANT

Versus

D.A. DEEPA … RESPONDENT

JUDGMENT (SMT.) RANJANA PRAKASH DESAI, J.

  1. Leave granted.
  2. This appeal, by special leave, has been filed by the appellant-husband, being aggrieved by the judgment and order dated 8/11/2006 passed by the Andhra Pradesh High Court in Civil Miscellaneous Appeal No.797/03, setting aside the decree of divorce granted in his favour.
  3. The appellant-husband is working as Assistant Registrar in the Andhra Pradesh High Court. The marriage between the appellant-husband and the respondent-wife was solemnized on 25/4/1999 as per Hindu rites and customs. Unfortunately, on the very next day disputes arose between the elders on both sides which resulted in their abusing each other and hurling chappals at each other. As a consequence, on 27/4/1999, the newly married couple got separated without consummation of the marriage and started living separately. On 4/10/1999, the respondent-wife lodged a criminal complaint against the appellant-husband before the Women Protection Cell alleging inter alia that the appellant-husband is harassing her for more dowry. This complaint is very crucial to this case. We shall advert to it more in detail a little later. Escalated acrimony led to complaints and counter complaints. The respondent-wife filed a petition under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights before the Family Court, Secunderabad. The appellant-husband filed a counter-claim seeking dissolution of marriage on the ground of cruelty and desertion under Section 13(1)(i-a) and (b) of the Hindu Marriage Act, 1955.

Entire judgement uploaded here : https://docs.google.com/file/d/0B-JZGIVy-RW5dWxmZjVHVldRcTA/edit?usp=sharing

short link : http://bit.ly/13JE0g1

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