September 3, 2018

Supreme Court quashes cheating case filed by man against estranged wife.

The Supreme Court has quashed a case of cheating instituted by a man against his estranged wife, observing it as an instance of “classic revenge” against her for seeking maintenance from him to support herself & their 2 children.

The main allegation in the FIR registered against the woman was that she misrepresented she was a MCA (Masters of Computer Application) holder at the time of their marriage in 2007.

The husband said that she completed her course only after marriage. He accused his estranged wife of cheating & intentional insult to provoke breach of peace.

A Bench led by Justice N.V. Ramana expressed surprise at how the Trial Court in Ghaziabad in Uttar Pradesh issued summons to the woman & her family on the basis of such a FIR. Subsequently, on appeal, the Allahabad HC, in January 2017, refused to quash the FIR.

The top court, in a recent order, said the cheating case should've been treated merely as a “counter blast” for the series of allegations, including dowry harassment, the woman leveled against the man.

“The major allegation of Respondent No. 2 (husband) is that though Appellant No. 1 (wife) wasn't qualified with an MCA at the time of marriage, it was wrongly represented by her that she had completed her course. Except this, no other allegation is found against the appellants in the First Information Report,” the Apex Court noted in its order.

“Merely because Appellant No.1 hadn't completed her MCA at the time of marriage & finished it after the marriage, it can't be said that she & her family had cheated him,” the Supreme Court observed, quashing the trial court summons & proceedings against the woman & her family.

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