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India

Gurugram Court Permits Husband’s Rs 1.8 Crore Damages Suit Over Wife’s Dowry Allegation; Says ‘No Dismissal In Malicious Prosecution Case’

On this, the wife argued that the husband’s acquittal was under appeal, he had not paid the court fee, and his case lacked merit. However, the court clarified that the fee could be paid later based on the awarded amount and affirmed that the husband’s acquittal entitled him to file the malicious prosecution suit, regardless of the pending appeal.

In a significant ruling, a Gurgaon court has allowed a suit seeking Re 1.8 crore in damages to a UK-based man Gursaranlal Awasthi, who was wrongfully implicated in a false dowry case by his wife. The man, acquitted of all charges after a legal battle, filed a case of malicious prosecution against his wife, seeking compensation for the emotional and financial toll of the ordeal. The order allowing Awasthi’s suit for ₹1.8 crore in damages was passed on 13 August 2025 by Civil Judge Manish Kumar, Gurugram.

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On this, the wife argued that the husband’s acquittal was under appeal, he had not paid the court fee, and his case lacked merit. However, the court clarified that the fee could be paid later based on the awarded amount and affirmed that the husband’s acquittal entitled him to file the malicious prosecution suit, regardless of the pending appeal.

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This case highlights the growing issue of bitter matrimonial disputes, where husbands face false dowry accusations, enduring significant personal and financial losses.

About The Case

The case traces back to 2009 when an FIR was lodged against Awasthi under Sections 498A, 406, and 506 of the IPC. He was later acquitted, with the court holding that the prosecution had failed to prove the charges beyond reasonable doubt. Although a revision petition against his acquittal is still pending before the Punjab and Haryana High Court, Awasthi has claimed damages of ₹1.8 crore for the trauma, harassment, and loss caused by what he terms a “malicious prosecution.”

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The court said the plaint discloses a cause of action. It observed that acquittal at the trial court level is a valid ground for filing such a claim. The court also stated that in suits for damages, the plaintiff may pay a tentative court fee at the outset and the full fee only if damages are awarded.

Quoting past judgments, the court ruled that the application to reject the plaint was “without merit.” It concluded that whether Awasthi’s claims were true or not would be determined only at trial.

The matter has now been adjourned to November 20, 2025, for the filing of a written statement by Defendant No. 1, while fresh notices have been issued to the remaining defendants.

First published on: Aug 16, 2025 06:55 PM IST


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