Application U/S 12 Of Domestic Violence Act Can Only Be Filed Before Jurisdictional Magistrate: Delhi High Court

The Allahabad High Court has ruled that a false criminal case filed by a wife against her husband and his family constitutes cruelty under Section 13 of the Hindu Marriage Act. The case involved a husband who sought divorce on the grounds of cruelty after his wife filed false dowry harassment charges against him and his family. The court found that the wife’s allegations were unsubstantiated and that her actions created a reasonable apprehension regarding the safety of the husband and his family. The court upheld the divorce decree granted by the Family Court, emphasizing that false criminal prosecutions can severely impact the mental and emotional well-being of the accused, thereby constituting cruelty.