The Calcutta High Court recently stated that a wife making false allegations against her husband and his family members under section 498A of the IPC would constitute an element of the offence of cruelty. The court also said that the false case can be a ground for dissolution of marriage under the Hindu Marriage Act (HMA). While allowing the husband's plea for dissolution of marriage, the division bench of Justice Harish Tandon and Justice Madhuresh Prasad said, "Interestingly, the wife in her evidence categorically deposed that she initiated the proceeding under Section 498A/406 of the IPC on the advice of the learned Advocate. The said proceeding ended in an acquittal of all the accused named therein including the husband. Lodging a false criminal case under Section 498A/406 of the IPC is also one of the element of cruelty and, therefore, the Court cannot ignore the same while considering the appeal on merit." HC on Wife's Death: Woman Dying Within Seven Years of Marriage Does Not Always Attract Presumption of Suicide Abetment Under Evidence Act, Says Calcutta High Court.

HC on Dissolution of Marriage

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