EXPERIENCE IN THE COURT

The experience during the course of visit to Taluka level court at Panvel was worth
learning. At court premises ,Sh.G.N Patil , Advocate , was kind enough to brief us
about the court proceedings.

We asked Mr . G N. patil about his experience as a lawyer , He was dealing with the
cases of civil & criminal as well. .The first question which I asked him was about the
Indian law/ judicial system, whether it is effective or not ? Don’t you think a speedy
justice must be delivered?

The Lawyer was of the view that there are lot of hurdles with regard to speedy disposal
of cases. It is a dilatory tactics on behalf of the witnesses who do not turn up for
evidence. The lawyers believe in adjournments .They try to linger on the cases for years
together and as such the evidence remains incomplete & hence delays in pronouncing
the judgments.

The lawyer then referred to a case between a a husband and wife under the provisions
of 498 A of IPC .

False case against husband for divorce

Section 498 A- IPC (CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND)
 
Whoever, being the husband or the relative of the husband of a woman, subjects such
woman to cruelty shall be punished with imprisonment for a term which may extend to
three years and shall also be liable to fine.
 
Where  "cruelty" means-
 
(a) Any willful conduct which is of such a nature as is likely to drive the woman to
commit suicide or to cause grave injury or danger to life, limb or health whether mental
or physical) of the woman; or
 
(b) Harassment of the woman where such harassment is with a view to coercing her or
any person related to her to meet any unlawful demand for any property or valuable
security or is on account of failure by her or any person related to her meet such
demand.
The case is between an accused Husband who was deceived by his wife. A false
criminal case filed by the estranged wife for harassment against her husband and in-
laws amounted to cruelty and was sufficient ground to seek divorce. However, the
justice disagreed with a family court's order that a single complaint filed by a wife
against her husband and in-laws does not indicate tendency of the wife to make false
allegations.

He said that the behavior and conduct of the wife is good enough to draw an inference
that she has caused utmost mental pain and suffering which amounts to mental cruelty
to the husband and hence he is entitled for divorce on the ground of cruelty.

Couple got married and the husband alleged that on the wedding night itself his wife
alleged that she felt deceived as she had been led to believe that he was earning higher
salary. She also taunted him that she had married a blind man as he was wearing
spectacles. The husband further alleged that his wife forced him to live separately from
his mother but he did not do so. Later, she left his home and delivered a baby girl at her
parent's house and came to stay with him again after the child's birth . Subsequently, the
husband alleged, his wife filed a false case against him and his mother alleging that she
was subjected to cruelty. However, he and his mother was acquitted by the lower court
which did not find any evidence of cruelty perpetrated by them .

The husband then filed a divorce petition in a family court which said a single complaint
filed by the wife does not indicate that she had the tendency to file false cases and
hence this could not be a ground for divorce.

However, the high court did not agree with the lower court's ruling and granted divorce
to the couple after the husband agreed to give Rs three lakhs permanent maintenance
to the child who has now turned eight.

The court directed that this amount be kept in fixed deposit which can fetch an interest
of Rs 2000 per month for the upkeep of the child. The deposit shall be kept in a bank
until the daughter attains majority.