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by Admin
07 May 2024 2:49 AM
In a significant judgment, the Madhya Pradesh High Court has dissolved the marriage of a judicial officer, Avinash Kumar Tripathi, citing 'continuous harassment and false allegations' by his wife, Smt. Priyanka Tripathi. The Division Bench comprising Justices Sheel Nagu and Devnarayan Mishra delivered the landmark verdict on December 13, 2023, overturning the Family Court's previous decision.
The court's ruling came after careful analysis of multiple allegations of cruelty, false criminal charges, and dowry demands, levied by both parties against each other. The case, First Appeal No. 1664 and 165 of 2018, highlighted complex matrimonial disputes under the Hindu Marriage Act, 1955.
In the detailed judgment, the High Court noted, "The acts/conducts of the respondent constitute cruelty and they cannot be treated as normal wear and tear of matrimonial life." This observation was pivotal in the court's decision to dissolve the marriage solemnized on February 20, 2011.
The appellant-husband, a Judicial Officer in Chhattisgarh, had filed for divorce, alleging that his wife subjected him to mental cruelty, including doubting his character and making false criminal allegations. The respondent-wife, on the other hand, denied these allegations and accused her husband and his family of dowry harassment.
The High Court meticulously examined the evidence and incidents presented, emphasizing the impact of false allegations on the appellant's mental state and professional life. "The respondent continuously filed cases, sought judicial enquiries, made various complaints to higher authorities about the conduct of the appellant, and thus, she has left no stone unturned to embarrass, harass, intimidate, abuse and belittle," stated the Court in its judgment.
In a significant turn of events, the Court allowed the appeals filed by the appellant, leading to the dissolution of the marriage. The judgment underscores the legal recognition of mental cruelty in matrimonial disputes and sets a precedent for future cases involving similar complexities.
Legal experts view this judgment as a critical development in family law, highlighting the importance of addressing mental cruelty and false allegations in matrimonial disputes.
Date of Decision: 13-12-2023
AVINASH KUMAR TRIPATHI Vs. SMT. PRIYANKA TRIPATHI