Domestic Violence Lawyer in Delhi

M.P. High Court Judgment

Divorce – Ground of Cruelty by wife

Hindu Marriage Act – S.13(1)(i-a) – Divorce – Ground of Cruelty by wife -husband further pleaded in his petition that respondent-wife always threatened him to lodge criminal reports against him and his family members. According to petition, respondent-wife threatened appellant that she will commit suicide or lodge report of harassment due to demand of dowry. – acquittal of appellant and his parents in criminal case lodged by respondent and prayed for grant of decree of dissolution of marriage on the ground of cruelty for lodging false report. – wife has not controverted the fact of acquittal and in these circumstances, it may be safely concluded that respondent-wife knowingly and intentionally filed false complaint, calculated to embarrass and harass appellant and his parents and such conduct of respondent is unquestionably constitutes cruelty as postulated in S.13 (1)(i-a) – in view of judgment delivered by Apex Court in K. Srinivas (Laws(SC) – 2014 – 11 – 31), husband is entitled for decree of divorce on the ground of cruelty and judgment of acquittal being subsequent event may be considered by this Court. – allow the appeal of appellant husband and grant decree of divorce.

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