28 February 2024 Divorce Law >> Family Law   |   Domestic Violence >> Family Law  

The facts presented depict a situation where the Wife accused the Husband and his family of mental cruelty and dowry harassment. Both the criminal case and the petition under the Domestic Violence Act were dismissed due to lack of evidence. 

Facts:

• The Wife initiated proceedings against the Husband and his family, alleging mental cruelty and dowry harassment.
• The aforementioned criminal case was dismissed due to insufficient evidence to substantiate the claims.
• The Wife's petition under the Domestic Violence Act was similarly dismissed.
• The Husband subsequently filed for divorce under the Hindu Marriage Act, citing the Wife's conduct as grounds for dissolution of the marriage due to cruelty.

Conclusions

• Whether the dismissed allegations of the Wife can be admitted as evidence of mental cruelty within the context of the current divorce proceedings.
• The validity of the Husband's counterclaims regarding the Wife's alleged cruelty towards him.
• The court allowed the Appeal and granted decree of divorce u/s 12 1(ia) of the Hindu Marriage Act, 1955 on the grounds of divorce.