Sec.13(1)(ia) of the Hindu Marriage Act –Divorce O.P. filed after wife filed criminal complaint – objections not raised that no evidence and no amount arguments can be considered etc., at the time of the evidence & at the time of arguments that without pleadings that the wife filed false criminal case and subjected him and his family members for mental cruelty – it is settled law that if a false criminal complaint is preferred by either spouse it would invariably and indubitably constitute matrimonial cruelty, such as would entitle the other spouse to claim a divorce.
Sec . 13(1)(ia) of the Hindu Marriage Act –Divorce O.P. filed after wife filed criminal complaint – objections not raised that no evidence and no amount arguments can be considered etc., at the time of the evidence & at the time of arguments that without pleadings that the wife filed false criminal case and subjected him and his family members for mental cruelty – it is settled law that if a false criminal complaint is preferred by either spouse it would invariably and indubitably constitute matrimonial cruelty, such as would entitle the other spouse to claim a divorce. It is now beyond cavil that if a false criminal complaint is preferred by either spouse it would invariably and indubitably constitute matrimonial cruelty, such as would entitle the other spouse to claim a divorce. When evidence was lead, a...