Latest Judgement

1. The Hon’ble Supreme Court of India in a recent judgement observed that filing single false criminal case by one spouse, entitles the other spouse to claim divorce on the ground of mental cruelty. Filing of false criminal cases amounts to matrimonial cruelty.
2. In the present matter in hand, the husband had filed a divorce petition against the wife. The ill-advised wife responded by filing a false criminal case against the husband and his family members. The husband and his family members were arrested and they had spent time in jail. The husband and his relatives were acquitted by the trial court.
3. In the matter of K. Srinivas Rao vs. D.A. Deepa, several false complaints were filed and the Hon’ble Supreme Court had held that filing multiple false criminal complaints amounts to matrimonial cruelty and ground for the other spouse to claim divorce.
4. In the present matter the Apex court concluded that filing single false criminal complaint by either spouse can be a ground for claiming divorce on the ground of cruelty.

This article is researched and authored by Advocate Aarun Chanda practicing at Mumbai & Pune

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