RCR case filed by wife after filing criminal cases cannot be termed as bona fide

RCR case filed by wife after filing criminal cases cannot be termed as bona fide

Prakash vs Smt Kavita

Rajasthan HC, Jodhpur Bench

30/04/2008

AIR 2008 RAJASTHAN 111; Civil Misc. Appeal No.911/2006

About/from the judgment:

RCR by wife after 498a IPC!

 

Sec 13 (1)(1a),(1b) and sec 9 – Divorce – Petition by husband on ground of cruelty and desertion by wife – Wife in counter blast launching false criminal cases against husband and in-laws and getting them arrested – Thereafter filing application under sec 9 for restitution of conjugal rights – In facts of such case, application under sec 9 cannot be termed as bona fide – Wife failed to establish that she was forced to live separately – Husband held entitled to decree of divorce.

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