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Husband entitled to seek divorce from a wife who files false cases

Bombay High Court has held that if a wife files false criminal case against the husband and his family members in which the husband and his family members ultimately gets acquitted, it amounts to cruelty. Justice R.D Dhanuka said that on this very ground, the Husband is entitled to seek divorce from the wife. Background In this case, the wife filed a complaint against Husband and his family under Section 498A of Indian Penal Code. The Husband filed petition for divorce. After conducting trial, the case lodged by the wife resulted in acquittal in 2007. Meanwhile Husband got his Divorce petition allowed in 2008. The state preferred appeal against the acquittal and the wife preferred appeal against grant of Divorce. The former was dismissed and the latter was allowed and Divorce decree was set aside by the appellate court. The acquittals were not further challenged. Husband preferred appeal against the setting aside of Divorce decree by the Lower appellate court.

Article referred: http://www.livelaw.in/husband-entitled-to-seek-divorce-from-a-wife-who-files-false-cases-against-him-in-which-he-gets-acquitted-bombay-hc-2/

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