Whether husband is entitled to get divorce on ground of cruelty if wife has filed false DV ACT proceeding?
Though the proceedings under the Domestic Violence Act, 2005
are not criminal proceedings, in my view, the principle laid down by the
Supreme Court in K. Srinivas (supra) is equally applicable to such
proceedings. What is relevant is that the appellant was subjected to legal
proceedings on the basis of false and unsubstantiated allegations, which
would have caused embarrassment to the appellant and his family
members.
In view of the aforesaid discussion, I am of the view that the
respondent has treated the appellant with cruelty entitling him to a decree
of divorce under Section 13(1)(ia) of the HMA.
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 23.05.2016
MAT.APP. 30/2008
ACJ ..... Appellant
versus
RJ ..... Respondent
.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
https://www.lawweb.in/2016/08/whether-husband-is-entitled-to-get.html
