The Supreme Court has observed that filing of a criminal case by one of the parties to the marriage and the acquittal therein cannot be automatically treated as a ground for granting divorce if such a ground is not raised in the divorce petition.
The bench of Justice R. Banumathi, S. Abdul Nazeer and AS Bopanna observed thus while considering an appeal against the High Court judgment which (allowing the second appeal) granted divorce to a man on the ground that the complaint filed by the wife against him resulted in acquittal, even though such a ground was not the basis of the divorce plea.
The Court noted that the divorce plea contained only an allegation about the wife using filthy language in the presence of the relatives and friends and also using such language in the presence of the students of the husband.
CREDIT : https://www.livelaw.in/top-stories/filing-of-criminal-case-acquittal-thereof-no-automatic-divorce-153420
