In the present case wife contended that, appellant husband and respondent wife were staying together since 2 years. The appellant has refused the proposal of respondent of marry her. As appellant was not marrying the respondent she has filed cases u/s. 323, 504 and 506 of IPC and also filed another case under Dowry Prohibition Act. Later on after 4 years appellant married her.
It is the case of appellant that, he did not wish to marry the respondent, however he was pressurise that he will be killed and respondent will withdraw the cases if appellant marries her. In view of such pressure appellant marries respondent.
Respondent has again filed FIR u/s. 498A against the appellant. Appellant and his parents arrested and release on bail. Later on appellant husband filed divorce petition. During divorce petition 498A case disposed off.
Court held that, case u/s. 498A of IPC and other related provisions was dismissed on merits and husband and family members acquitted, it was clear that the complaint was false. The Supreme Court has consistently held that, false criminal complaint preferred by either spouse constitute mental cruelty, which entitle the other spouse to claim divorce. It is mental trauma on husband and cruelty committed by wife upon the husband. Hence appellant was entitled to seek divorce on ground of cruelty.
Mangesh Bhoir vs. Leena Bhoir, S.A.no.634/2013, Mumbai