Complaints by a spouse to public authorities do not per se constitute Cruelty


Supreme Court in the matter of Raj Talreja Vs Kavita Talreja; Civil Appeal no. 10719/2013 held that mere filing of complaints against the spouse is not cruelty, if there are justifiable reasons to file the Complaint. Merely because no action is taken on the complaint or after trial the accused is acquitted may not be a ground to treat such accusations of the wife as cruelty within the meaning of Hindu Marriage Act 1955.

Filing of false criminal complaint by either spouse constitutes matrimonial cruelty entitling other spouse to claim divorce #indianlaws


It was observed by the High Court that if the complaint filed by the wife against the husband under section 498- A of IPC and other related provisions was dismissed on merits and the husband and his family members are acquitted,it clearly amounts to cruelty committed by the wife upon the husband. Also, when wife treated the husband with cruelty and such allegations having been proved, she at the same time could not maintain her application for restitution of conjugal rights by filing an application under section 9 of the Hindu Marriage Act, 1955.

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