Unsubstantiated criminal proceeding leading to acquittal amounts to cruelty

Patna High Court: Dismissing the appellant’s petition for the restitution of conjugal rights and upholding the decision of the Family Court, Buxar granting divorce under the Hindu Marriage Act, the Court observed that where the parties have not been living as man and wife for an unreasonably long period of time and unsubstantiated allegations of unchastity have been made disturbs the tranquility of marriage, the decree for restitution of conjugal rights cannot be granted. Moreover, it was also held that instituting criminal prosecution and not being able to substantiate the same, leading to acquittal amounts to cruelty in the eyes of law. The Court, therefore, held that  in such cases considering the revival of matrimonial harmony does not arise. Usha Devi v. Ashok K. Mishra, MA – No. – 852 of 2011 (7), decided on June 19th, 2014

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