One false criminal complaint filed by either spouse is sufficient for cruelty

Supreme Court: While allowing an appeal for dissolution of marriage of the appellant on the ground of alleged cruelty on account of filing of false complaint by the respondent under Sections 498A and 307 of the IPC which deals with cruelty by husband and attempt to murder respectively, the Court cited K. Srinivas Ro v. D.A. Deepa, (2013) 5 SCC 226 which is the landmark case on the point where series of complaints were filed by the wife held that even one false complaint is sufficient to constitute matrimonial cruelty.

In the instant case, the counsel for the respondent contended that acquittal of the appellant and his family members does not make the complaint false automatically and only one complaint was filed by the respondent against the appellant contrary to K. Srinivas case.

The Court in this case also discussed on the point of irretrievable breakdown of marriage as a ground for divorce without giving its opinion and observed that it has not received the statutory acceptance to form a ground for divorce.  The Court has highlighted that Law Commission has recommended the introduction of irretrievable break down of marriage, as a ground for divorce and it has also been incorporated as a ground for divorce in the Marriage Laws (Amendment) Bill of 2013 which received the assent of the Rajya Sabha. But at the same time questioned its expediency in the Indian situation where oppression of women is so prevalent and left that controversy for the Lok Sabha to decide. K. Srinivas v. K. Sunita2014 SCC OnLine SC 915Decided on 19.11.2014

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