Wife Leaving Matrimonial House with Traditional Marriage Ornaments Not Liable for Cheating Charges: Calcutta HC

The Calcutta Excessive Court docket lately quashed a case of dishonest lodged towards a lady by her husband. The court docket held that merely for the spouse to have left the matrimonial home carrying her common ornaments/equipment couldn’t be a foundation to file a felony case towards her.

The bench of Justice Shampa Dutt (Paul) famous that the jewelry which was alleged to have been taken away by the spouse have been the ornaments/equipment worn regularly by a conventional Bengali married girl who chooses to put on them.

The opposite issues that the girl had taken away together with her have been her cellphones. Paying attention to this, the HC held that these couldn’t be the idea of a felony case of dishonest towards her in gentle of the truth that she had left the matrimonial home after 29 years of marriage.

The court docket was coping with a revision petition to quash a case lodged towards the girl beneath sections 420/406/467/468/471/120B/34 of the Indian Penal Code, 1860.

The petitioner’s case was that attributable to super torture since her marriage in 1999, it turned not possible for her to tolerate any additional, and in the end, in 2019, she filed a case beneath sections 498A/323/324/506 of IPC towards her husband and his household. She additionally left her matrimonial home after that.

Nonetheless, as a counterblast, her husband filed a case for dishonest towards her together with many different instances, the petitioner alleged.

Not solely that, the husband, being a practising advocate himself on the native court docket, additionally made it not possible for her to interact a counsel to signify her, the petitioner claimed.

Consequently, the petitioner needed to seem in particular person earlier than the court docket of the Extra Chief Judicial Justice of the Peace within the dishonest case.

The Justice of the Peace issued a search warrant for the search/restoration of private articles from the premises of the petitioner.

The petitioner moved the excessive court docket alleging that the Justice of the Peace’s order suffered from non-application of thoughts.

The HC famous that the husband had claimed that when the petitioner had left her matrimonial home, she had taken with herself all the wedding decoration and two cellphones. The court docket noticed that each one the claimed gadgets have been ornaments which can be worn by a married girl as an indication of marriage.

Due to this fact, whereas quashing the dishonest case towards the girl, the court docket knowledgeable her that in different instances, she may avail of authorized assist together with a counsel on approaching the respective authorized providers authority to conduct the proceedings on her behalf.