Filing dowry case not cruelty, says HC

Holding that filing a criminal case of dowry harassment by a wife against her husband and his family members cannot be treated as cruelty, the Delhi High Court has declined to grant a decree of divorce to a man.

Dismissing a petition filed by Krishan Kumar seeking dissolution of his marriage, Justice Murlidhar said, "the mere fact that the criminal proceedings has been constituted by the wife would not by itself constitute cruelty and has to be seen in the context of their overall relationship."

Upholding the trial court's December 2003 order rejecting Kumar's petition on the ground that he had not attempted reconciliation, Justice Murlidhar said, "the allegation of desertion was not proved by him on the other hand he treated his wife with cruelty."

The court also rejected Kumar's allegation that his wife used to misbehave and quarrel with him and his family members on petty issues, in addition to the allegation that her parents had interfered in his family life since his marriage in 1987.