Wife resiling from agreement to withdraw criminal case after taking substantial money under agreement amounts to cruelty
In that case it was found on facts that wife made a false complaint to the police which reflected adversely on the husband's reputation in the society. Marriage of the parties had broken down. The apex court, therefore, allowed the appeal and granted divorce. In the present case, the situation is still worse. Not only the wife made a false complain and got the husband and other in-laws arrested, she also took money and then resoled from the agreement. Admittedly, the husband and wife are living separately since September 1993. Learned Additional District Judge took note of this conduct of the appellant and held that it clearly amounts to an act of cruelty. Taking over all view of the matter, I think, learned Additional District Judge has rightly allowed the petition and passed a decree of divorceunder Sections 13(1) (i.e.) of the Act in favor of the respondent-husband. I am not inclined to take a different view in the matter.
Delhi High Court
Smt. Pinki Jain vs Sh. Sanjay Jain on 31 January, 2005
Equivalent citations: AIR 2005 Delhi 273, 117 (2005) DLT 130, I (2005) DMC 241
