RAMPARKASH Vs. SURESHWATI

JUDGEMENT

(1.) THE appellant has challenged the judgment of the learned Trial Court whereby the petition for divorce filed by the appellant under Section 13(1)(ia) of the Hindu Marriage Act,1955 was dismissed.

(2.) THE parties were married according to the Hindu rites and ceremonies on 25th November, 1988. The appellant filed the petition for divorce on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955 on 5th November, 1989 on various grounds inter alia that the respondent filed a false complaint against the appellant before the Police in pursuance to which the appellant was arrested on 2nd October, 1989 and remained in custody for 17 days.

(3.) THE learned Trial Court dismissed the petition of the appellant on the ground that the filing of the complaint with the police authorities does not amount to cruelty because no judicial finding has come in the criminal case to show that the allegations leveled by the respondent in her complaint were false and the criminal case was still pending.