A division bench of the Calcutta High Court has ruled that falsely implicating one’s husband/ his family in a criminal case, which leads to their arrest and subsistence in jail, amounts to cruelty.
While allowing an appeal for divorce preferred by an aggrieved husband, Justices Samapti Chatterjee and Manojit Mandal observed,
“The respondent/wife, in our opinion, had no intention of living with the husband as would appear from the facts and circumstances of the case and respondent/wife deliberately made wild allegations against the husband and his relatives. Inference can be drawn that the wife had no intention to reside with the husband and her intention was to terminate the matrimonial relationship. Hence such acts of the respondent/wife, specially filing a criminal case and for which her husband and father-in-law languished in the custody amounts to cruelty so as to create an apprehension about life and, thus, it amounts to ground of divorce.“
CREDIT : https://www.livelaw.in/news-updates/initiation-of-false-criminal-case-for-which-a-husband-his-family-are-sent-to-prison-amounts-to-cruelty-calcutta-hc-read-judgment-154315