Introduction:
In India, divorce can be granted on various grounds, one of the most significant being cruelty. If either spouse can prove that they have endured mental or physical cruelty, it may become a basis for divorce. The Supreme Court of India, in a recent judgment, has expanded the scope of cruelty to include false Section 498-A cases as grounds for divorce. This decision has far-reaching implications for those seeking a divorce based on such allegations. To learn more about the new ground of divorce, read the blog till the end, and if there lies any more doubt, feel free to reach out to us through;
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False 498 A Case – New Ground for Divorce I Landmark Judgment of Supreme Court on Divorce in Hindi
Mr. Rani Narasimha v. Rani Suneela Rani, 19th November 2019, Supreme Court
Brief facts of the case:
The couple in question got married in 2005, but by 2007, their quarrels had escalated to such an extent that they decided to separate. The wife, in an unfortunate turn of events, lodged an FIR under Section 498-A of the Indian Penal Code against her husband and in-laws, alleging cruelty. On the other hand, the husband filed a divorce petition under Section 13 of the Hindu Marriage Act, 1955, in the family court. However, the court rejected the divorce petition, citing a lack of evidence to establish the wife’s cruelty towards the husband. A similar outcome transpired in the High Court.
In a final attempt to seek justice, the husband approached the Supreme Court. He contended that his wife had subjected him to cruelty on multiple occasions, including her recent false FIR against him and his family. Importantly, he asserted that they had never demanded or accepted dowry.
At present, under Section 498-A, the wife had not only implicated her husband and in-laws but had also dragged her brothers-in-law and sisters-in-law into the matter to force a compromise and seek a settlement.
In this case, the husband argued that the trial court had rightly considered the suit as false, acquitted him and his family, and deemed it to be a case of mental cruelty, filed based on incorrect facts.
Final Judgement:
The Supreme Court took cognizance of the husband’s arguments and established a vital precedent. It held that if the trial court determines that a case is fictitious, acquits the accused, and awards them compensation, it would qualify as mental cruelty. This landmark judgment acknowledges that the false use of Section 498-A, which is often referred to as “legal terrorism,” constitutes cruelty and can be a valid ground for divorce.
Conclusion:
This judgement by the Supreme Court signifies a significant shift in divorce proceedings in India. False Section 498-A cases, which have long been a source of distress for many, are now recognized as mental cruelty and can provide a legitimate basis for seeking a divorce. This decision serves as a powerful tool for individuals who have been wrongly accused under this section and can now seek a legal remedy to end their marriage on the grounds of such cruelty.
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