ARTICLE ON GENDER JUSTICE
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False allegations of Dowry Demand and character assassination of the husband are grounds for Divorce

A family court in Delhi has granted Divorce on the petition filed by the husband against his estrange wife on the ground that the wife has made unbearable cruelty on the husband by labeling false allegation about his character which she could not prove in the trial. The court further observed in the judgement that in 498A case filed by her, she attended all the hearings to object grant of bail to him as such he remained in the custody. During the course of cross-examination several bullet questions were asked by Mahesh Tiwari,  Advocate counsel for the husband which she could not answer and her allegations were found to be false. Advocate Mahesh Tiwari further inter alia argued that she left the husband when he was under treatment which clearly establishes that she has deserted him and doing so it amounts to mental cruelty. It has also been pointed out that both of them were living separately since long and there is no hope of living together in future. In the present case there are two children and both the children were living with the husband and under his care and custody children were doing well in their education.  Initially wife has filed dowry demand case as well as domestic violence case and the husband has filed divorce petition. After full-fledged trial the family court judge Ms. Pinky came to the conclusion that all the circumstances show that the acts of the wife are cruel and also she has labeled false allegation of dowry demand against all the family members including unmarried sister and also went to the extent to make character assassination of the husband without any prove therefore, marriage of the parties are dissolved by the decree of divorce on the ground of cruelty. 

by: Advocate Mahesh Tiwari