Cruelty not proved no maintenance to wife

Originally posted by : Anirban Majumder
	Is it correct to state that wife failed to proof cruelty in 498A so it is a WILFUL DESERTION

No,

The cruelty, as defined in the explanation to 498-A of IPC, is altogether different from the cruelty, which can be subject matter of proceedings, under the provisions of Hindu marriage act. 

Dear Sachin

Thanks for your reply.

If I state that Merely by the plea of cruelty(which later on proved false) leaving the husband is it to be considered as "Wilful Desertion" is it correct.

Plz confirm me.

Regds

Anirban Majumder

Yes, if a lady fails to prove "any form of  cruelty" during proceedings of 498a, it is "mental cruelty upon husband" and also "willful desertion."  

if possible kindly give me reference judgementof S.C.regarding "failing  to prove "any form of  cruelty" during proceedings of 498a, it is "mental cruelty upon husband" and also "willful desertion."   
 

Here is links of Judgement.

https://www.livelaw.in/husband-entitled-to-seek-divorce-from-a-wife-who-files-false-cases-against-him-in-which-he-gets-acquitted-bombay-hc-2/