May 8, 2011

INDIA: Man calls wife unfaithful, faces jail or Rs 100,000 fine

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MUMBAI, Maharashtra / The Times of India / City News / May 8, 2011

By Shibu Thomas

Levelling baseless allegations of adultery against one's wife amounted to mental cruelty, said the Bombay high court while pronouncing a city resident guilty of the charge.


Justice A R Joshi offered the husband, Nilesh Chauhan, two options: pay Rs 100,000 as compensation or go to jail.

"Going through the evidence presented by the prosecution witnesses and the allegations made against (the wife), it is definitely a case of mental cruelty on (her)," said the judge. "Needless to say, the conduct of the applicant comes within the purview of Section 498A of Indian Penal Code, so far as mental cruelty is concerned."

Levelling baseless allegations of adultery against one’s wife amounted to mental cruelty, said the Bombay high court while pronouncing a city resident guilty of the charge.

Chauhan's plea to suspend his conviction and release him on a bond of good conduct was rejected by the court, saying doing so would be "misplaced sympathy" .

The judge said considering Chauhan's conduct "in imputing wild allegations to his wife of having illicit relations with her brother-in-law (of her father's age)", it would not be fit to release him on a bond of good conduct.

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