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Acquittal in 498a is a ground for divorce - Supreme Court.

Instagram Link - https://instagram.com/saddha_rights?i... Instagram Account - Saddha_rights Judgement - Rani Narasihma Vs Rani Suneela Supreme court - 2019 When a person undergoes a trial in which he is acquitted of the allegation of an offense under Section 498-A of IPC, leveled by the wife against the husband, it cannot be accepted that no cruelty has meted on the husband." The Apex Court has observed that when a husband undergoes a trial in which he is acquitted of the allegation of offense leveled by his wife under Section 498-A of the Indian Penal Code, it cannot be said that no cruelty has meted on him. in this case [Rani Narasimha Sastry vs. Rani Suneela Rani], the High Court had refused to grant a divorce to the husband by observing that merely because the wife had sought maintenance or had filed a complaint against him for the offense punishable under Section 498-A of IPC, they cannot be said to be valid grounds for holding that such a recourse adopted by her amounts to cruelty. Disapproving this view taken by the High Court, the bench of Justice Ashok Bhushan and Justice Navin Sinha noted that averments, accusations, and character assassination of the wife by the husband in the written statement constitutes mental cruelty for sustaining the claim for divorce under Section 13(1)(i-a) of the Act. Regarding this, the bench further noted: In the present case, the prosecution is launched by the respondent against the appellant under Section 498-A of IPC making serious allegations in which the appellant had to undergo trial, ultimately resulting in his acquittal. In the prosecution under Section 498-A of IPC not only has acquittal been recorded but observations have been made that allegations of serious nature are leveled against each other. The case set up by the appellant seeking a decree of divorce on the ground of cruelty has been established Observing this, the bench concluded that the husband has made a ground for granting of a decree of dissolution of marriage on the basis of cruelty. Whats App - +91 8141064017 #saddha_rights #divorce #supremecourt #livehearing #livelaw

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