Recently, the Delhi High Court ruled that a wife making serious and unfounded allegations of criminal conduct against her in-laws and husband would amount to cruelty.
The Division Bench of Justices Vipin Sanghi and Jasmeet Singh was hearing a woman’s appeal filed against a family court’s judgment that granted divorce to her husband. However, the Court dismissed the appeal.
According to the Court, a wife making serious and unproven allegations of criminal conduct against in-laws and husband will amount to cruelty and is a valid ground for divorce as per the Hindu Marriage Act.
In this case, the couple got married in December 2007 and a child was born in 2011. Later, the woman filed a case against the husband and in-laws u/s 498A, 406, 323, and 34 of IPC.
After that the in-laws and the husband were taken into custody even though the parents were released in a day, the husband was in custody for three days. The in-laws and husband were acquitted in August of 2015. The wife’s appeal was dismissed in January.
The family court granted divorce to the husband and the wife filed an appeal against it.
After perusing the case, the Court opined that the faith and trust which is a foundation of matrimonial bond has been completely demolished by the appellant. The court also noted that the husband and the family had suffered at the hands of the wife and there might not be any reconciliation.
Source : https://lawtrend.in/unfounded-allegations-of-criminal-conduct-by-wife-against-husband-and-in-laws-amounts-to-cruelty-hc/
Really very good ruling by the Delhi HC. My wife approached women cell in Local Police Station and tried to file false 498A case against me, my mother, 2 married sisters and maternal uncle as I have filled Divorce Case due to her Adultary. As I proved before concerned authorities that she is laying no case was registered under 498A. I hope this act would be consider as cruelty by the court