Inference of ‘false’ case cannot be drawn from mere acquittal of husband in domestic violence case, holds Chhattisgarh HC
In an appeal from a Family Court decision, in which divorce was granted to the husband on the ground that his wife had made false criminal allegations of domestic violence against him, and this amounted to cruelty, the Chhattisgarh High Court held that the husband was not entitled to a divorce. The court held that mere acquittal of the husband cannot be used to draw the inference that the allegations of the wife were false. ‘Misuse of 498A’ has increasingly become a common allegation in matrimonial cases, and has in the past been held as conduct amounting to cruelty against the husband.
Durga Bai v. Narayan Sinha, 2017 SCC OnLine Chh 1246