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Jayakumari vs Balachander on 21 April, 2010 cites

M.K. Malhotra vs Kirti Malhotra on 11 August, 1981

In support of his contention, learned counsel for Petitioner-husband placed reliance upon AIR 1987 Delhi 266 [M.K.Malhotra v. Kirti Malhotra]. In the said case before the learned single Judge of Delhi High Court, the wife who herself a Government servant made complaint to Prime Minister making allegations that her husband demanded Rs.5000/- and gave threat of disfiguring her permanently. She also alleged that her husband had illicit relations with another woman before his marriage and he had relationship with several women. On those allegations, departmental enquiry was held into the charges and charges were found to be not proved in the enquiry. In such facts and circumstances of the case, learned single Judge of Delhi High Court held that such conduct of sending Petition to the Prime minister making false allegations of demand of dowry would cause mental cruelty. In the case on hand, the Respondent-wife cannot be said to have lodged the complaint containing false allegations. RW1-Respondent has categorically asserted that she was treated with cruelty and that on 22.2.1996, her in-laws planned for attempt on her life. In the trial Court the case ended in conviction. Only in the Appellate Court, benefit of doubt was given to the Petitioner and his father and brother and the case ended in acquittal. Merely because the Appeal was allowed, it cannot be said that it is the case of 'no evidence' or false allegations.
Delhi High Court Cites 4 - Cited by 8 - Full Document
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