Section 498A IPC: Acquittal may become a ground for the husband to seek divorce due to mental cruelty [Read the Order]

A bench of Justice Bhushan and Justice Sinha in the case titled RANI NARASIMHA SASTRY vs RANI SUNEELA RANI on 19.11.2019 has observed that once acquitted for an offence under Section-498A, husband can claim curelty and seek divorce.

While dealing with a case of divorce, the Supreme Court observed and held as under:

"The petition filed by appellant for dissolution of marriage on the ground of cruelty and mental illness has been rejected by the Court below. With regard to second ground i.e. mental illness of the respondent, no serious efforts have been made to question the findings of the Court below which ground has rightly rejected by the Court below.

The Court below has also observed that respondent is working as Sanskrit Lecturer, hence, there is no merit in the submission of the appellant that respondent is suffering from mental illness. The ground which was pressed by the appellant before the Trial Court and the High Court was ground of cruelty.

We need to only consider as to whether the ground for divorce under Section 13(1)(i-a) of the Act has been made out or not. Before the Trial Court, the appellant has relied several incidents of cruelty allegedly meted out by the respondent towards him and his family members.

In paragraph 25 of the judgment criminal case filed by the wife under Section 498-A of IPC was referred to and relied. The Trial Court has noted the ground of cruelty on the basis of filing criminal case but Trial Court refused to rely on the said allegation on the ground that criminal case filed by the respondent in C.C. No.672/2007 is pending for adjudication. The Trial Court's judgment was delivered on 05.09.2011, which was questioned by the appellant before the High Court by filing an appeal no.1279/2011. During pendency of the appeal before the High Court, the judgment in C.C. No.672/2007-The State of AP through PS L.B. Nagar Vs. Rani Narasimha Sastry and another was decided. Learned Metropolitan Magistrate held that prosecution has failed to prove charge under Section 498-A of IPC. .....

This Court has laid down that averments, accusations and character assassination of the wife by the appellant husband in the written statement constitutes mental cruelty for sustaining the claim for divorce under Section 13(1)(i-a) of the Act. ....

In the present case the prosecution is launched by the respondent against the appellant under Section 498-A of IPC making serious allegations in which the appellant had to undergo trial which ultimately resulted in his acquittal. In the prosecution under Section 498-A of IPC not only acquittal has been recorded but observations have been made that allegations of serious nature are levelled against each other. The case set up by the appellant seeking decree of divorce on the ground of cruelty has been established. ....

It is true that it is open for anyone to file complaint or lodge prosecution for redressal for his or her grievances and lodge a first information report for an offence also and mere lodging of complaint or FIR cannot ipso facto be treated as cruelty. But when a person undergoes a trial in which he is acquitted of the allegation of offence under Section 498-A of IPC, levelled by the wife against the husband, it cannot be accepted that no cruelty has meted on the husband. As per pleadings before us, after parties having been married on 14.08.2005, they lived together only 18 months and thereafter they are separately living for more than a decade now".

Read the Order here:

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