SRIKANT MATHUR Vs. RAJNI

JUDGEMENT

(1.) Whether acquittal of husband in a criminal case instituted by wife provides a ground to seek divorce?

(2.) This question that requires consideration in the instant appeal arises in the circumstances set out below :-

(3.) Learned counsel for the appellant husband urged that the respondent wife after delivery of first child did not come back to him. Similarly on second delivery at Jaipur on March 17, 1992 she strangely went to her parental house and did not return till August, 1995. Not only this she filed FIR against the appellant husband and his family members under Sections 498A and 406 IPC and put all of them under mental stress. Since July 5, 1992 the respondent wife was living separately from the appellant husband and deserted him. Reliance is placed on a decision of this Court in Narendra Kumar Gupta v. Smt. Indu (DB) Civil Misc Appeal No. 186/1990) decided on July 17, 2001. reported in AIR 2002 Raj 169. wherein filing of frivolous complaint under Sections 498-A and 406 IPC was treated as cruelty by the wife towards husband. It is further contended that since the parties are living separately for the last 15 years the decree for divorce may be granted on the ground of irretrievable break down of marriage.